The influence on judges' sentencing practices of a mental evaluation

Minimum and Maximum sentences were compared for a sample of 347 prison commitments and for 130 of 347 mental evaluation referrals who finally received prison sentences. It was found that referral for evaluation influenced the probability of remaining in the system until sentencing, but for those sentenced, did not influence the sentence imposed. However, the findings of the evaluation did show a tendency to affect the sentence. Individuals who were found incompetent were less likely to remain in the criminal justice system until sentencing. Those individuals who were initially found incompetent and then became competent and were sentenced, and those individuals who, though found competent, were diagnosed schizophrenic, tended to receive shorter sentences. These findings held even when comparisons were controlled for presence of prior convictions. The implication is that the referral for and findings of the mental evaluation, though not officially a part of trial testimony as to intent or responsibility, do in fact influence the probability of a sentence and, if sentenced, the sentence imposed.