Q: What is an Act 3 hearing for a defendant accused in a capital felony murder in circuit court in Arkansas?
A:
Act 3 refers to a mental evaluation to ensure the defendant is capable of two things:
1)Does he understand the charges against him; and
2) can he assist his attorney in his defense.
You can see that the standard is low. Most defendants are not insane. For the most part, the court and the defendant orders an Act 3 to ensure the defendant is able to proceed with the case. The last time I looked, a successful defense for insanity was used in less than 1% of cases and even then it was successful in a handful of cases.
An Act 3 is sort of a CYA for the legal system. When an insanity defense actually works, the defendant will usually have a history of a mental condition such as schizophrenia.
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