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Landmark Cases

Case Name: Theon JACKSON v. State of INDIANA

Date, Location, Cite: 1972 IND
406 US 715; 92 S Ct 1845

Mentally Retarded deaf mute, charged with 2 robberies; could not read, write, or communicate. Committed as Incompetent to Stand Trial. (IST) He said this was a "life sentence." IND Court said no, Supreme Court said yes; violates Due Process. If an Incompetent to Stand Trial patient can not become competent, he must either be civilly committed or released; violates right to speedy trial and also to right to be confined as a criminal only after being judged guilty.

"Due process requires that nature & duration of commitment bear some reasonable relation to the purpose of commitment."
Alabama requires report to Court every 91 days on any long term IST patient.