Incompetent to Stand Trial? Arrest, Release, Repeat
ALBUQUERQUE, N.M. (KRQE) – When someone is deemed 'incompetent' to stand trial, how does New Mexico's criminal justice system respond? It's the subject of a recent Larry Barker investigation that looked at cases involving hundreds of arrests, only for the offenders to be released back onto the streets. People who are mentally ill are committing crimes across the state, getting arrested, and their cases are dismissed without any repercussions or assistance.
This week on the New Mexico News Insiders Podcast, Barker, along with University of New Mexico Criminal Law Professor Joshua Kastenberg, join Chris and Gabby to discuss the complexities of cases like this, and why the justice system isn't set up to help the incompetent suspects or their victims.
Why isn't there a better alternative for people deemed incompetent to stand trial? How will new legislation impact cases like this?
Those questions and more are discussed in the full interview above.
Stay informed with the latest news by subscribing to the New Mexico News Insiders podcast wherever you listen. Download new episodes of the New Mexico News Insiders every Tuesday, starting around 5:30 a.m., Mountain time. Episodes are available on most podcast platforms, including Apple Podcasts, Spotify, and Podbean, among others.
You can also watch our podcasts in video form, both on-air and online. Tune in to an abbreviated version of the New Mexico News Insiders podcast on broadcast television every Wednesday at 10:35 p.m. on Fox New Mexico. Full video episodes are posted on KRQE's YouTube page at youtube.com/krqenews13.
Having trouble finding the show? Try searching your favorite podcast player with the term 'KRQE' or 'New Mexico News Insiders' (without the quotes). You can also use the links above to find the podcast on each service or listen to the audio player at the top of this post.
If you have a question, comment, or suggestion for who should be interviewed on the podcast, let us know! Email your hosts at chris.mckee@krqe.com or gabrielle.burkhart@krqe.com.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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