The competency test is a mandatory first step of the Insanity Defense, and
by itself, won't do anything. That's why I'm going to talk about the insanity defense here, and not "diminished capacity" which is
What you claim is
technically possible, and I have no doubt the QAnon Shaman
wants to try it. But his
lawyer probably wouldn't, because literally everything we know about the insanity defense tells us it almost certainly won't work.
The insanity defense is rarely used and even then rarely works. Demonstrating beyond a required threshhold that (a) you don't know right from wrong (b) you're not in control of your actions via a doctor you don't choose, can't control, and based purely on a derogatory assumption about his intelligence can't fool, is not particularly easy.
Here's what I'm talking about.
The guy who shot Chris Kyle was publicly known to suffer PTSD and was on appropriate drugs. Tried the defense, it failed.
The guy who shot up a Colorado movie theater tried the insanity defense, it didn't work. His sentence was about three thousand years. No, really. I can't imagine that's reduced from anything -- other than a death sentence, I guess.
But there's more.
In 1984 this 18 USC Code 17 became law:
That's not a snippet. That's the entire text. The defense needs to "prove beyond reasonable doubt" the defendant is insane, the prosecutor just needs to poke a few holes in that. It's like a regular criminal trial, except backwards for burden.
Here's some info mentioned specificially into the movie shooting trial:
Even if your lawyers let you try the insanity defense, and even if it works, it's not an instant "I win, I get to go home" button. If the QAnon Shaman and his lawyer effectively prove that the QAnon Shaman cannot tell right from wrong and isn't in control of his actions, he doesn't get to walk down the courthouse steps a free man. He goes to a hospital, to receive treatment that he claims he needs before being released into society he claims he isn't fit for. The fact that he didn't personally kill 12 people, including that he didn't shoot a six-year-old child four times, isn't part of it anymore.
A padded cell is.
Here's some more about how the insanity defense failed the self-proclaimed Joker:
It should be noted, the defense tried "logical prepping and planning for an insane act still means you're insane". It didn't work.
We already know prosecutors have a bunch of electronic communications between various murderous insurrectionists, to prove planning and intent of course. Further, any attempt to prove your client is criminally insane (the key word being "criminal") will require some kind of evidence other than "he committed the crime". Something about the QAnon's Shaman's past will have to be brought up, proving that this wasn't just a problem that magically appeared when he committed treason. Prosecutors, judges, and often juries don't believe you mysteriously caught a massive case of Not Responsible-itus the very instant it was convenient.
And now the big part: if you plead insantiy,
you are admitting the crime. It's like self-defense in that regard, meaning you can't say "I didn't shoot him but if I did I had a good reason". Pick a lane and drive in it. It's called an "excuse defense". This means, by the way, that the part where he admits he did the crime is now admitted evidence. Yeah, they caught him orange-handed, this isn't really a big problem for him. But it also means he can't take a plea deal. A plea deal is what you get when you save prosecutors the effort of holding a trial (well it is in this case). That's not happening.
If the QAnon Shaman is really trying to fail a competency test to get a lesser sentence, he's doing so out of willful ignorance. This post took me 17 minutes to research and write up while drinking coffee and eating a Trader Joe's blueberry cereal bar. The shaman, or more realistically his lawyer, would have access to the same information as I do and probably better. Could he be doing it because they caught him 100% dead to rights, and has no other realistic option? Maybe. But if you're in a burning plane about to crash into the ocean,
jumping from the plane is more admission you're going to die than an actual survival plan. Realistically, he'd have a much better chance "fastening his seat belt and grabbing his seat cushion" aka taking a plea.
And just so we're clear, "we know he's insane because he fell for conspiracy theories" is a
fucking lethally stupid piece of evidence to use to claim you're insant. Because if that turns out to be enough to commit people to mental institutions, the rabid fanbase is in real trouble. It could immediately be used against thousands upon thousands of them. Or, probably more appropriately, if such "evidence" was enough, it would have been used by now.
EDIT: Now I will say, there's some ambiguity on the "dinimished capacity" which doesn't seem to be involved to me, but I could be wrong. I'll as always push the "summon @
cubby " button and he'll either fill in the missing gaps, or flat-out correct me where I'm wrong.