Can Thomas Markle go to jail with dementia? ‘If he is found incompetent…'

Can Thomas Markle go to jail with dementia? 'If Mr Markle is found incompetent…' Around Friday, news of Thomas Markle sr.'s arrest took over the news cycle and many are starting to question what happens if he's found to be 'incompetent' given that he may also be charged with transportation and creating child porn – since his own images were seen, alongside young naked kids in a California storage locker. Insight into what will happen comes straight from the host of Kinsey Schofield Uncensored, Kinsey Schofield. She shared the results of her research, investigation and findings on her personal Substack. According to it, 'under federal law, a dementia diagnosis does not automatically disqualify someone from standing trial.' Because 'the court must determine whether the defendant understands the charges, appreciates the consequences of the proceedings, and can meaningfully participate in his own defense,' according to her. She also wrote, 'someone with mild dementia could meet those requirements. Someone with more advanced cognitive impairment might not.' But 'if Markle is found incompetent,' Ms Schofield said, 'federal law generally requires that he be hospitalized for treatment and evaluation to determine whether his competency can be restored.' Moreover, an 'initial period of up to four months is permitted,' with 'additional time possible under certain circumstances,' was also something she wrote in her Substack. However, what is most pertinent to mention is that dementia does present a 'unique' challenge. Because 'many forms of the disease are progressive, meaning a patient's cognitive abilities may continue to deteriorate rather than improve. If medical evaluations establish that Markle is unlikely to regain the ability to participate in his defense, the court could face the prospect of a prolonged suspension of criminal proceedings or, eventually, dismissal of the charges.' Also, while that 'would not constitute an acquittal.' It 'would mean the justice system cannot proceed with a conventional criminal trial.' Before signing off she cited a few 'alternatives' as well, from civil commitment to others, but later said it would require separate proceedings which would put the accusing body to prove that he meets specific criteria, like 'qualifying risk to others'.