laurie levenson, thank you for being with us again.st -- >> my pleasure. >> woodruff: what does it mean that a defendant is found incompetent to stand trial? and explain the difference between that and the insanity defense. >> well, incompetence is very different from insanity. insanity is looking at his mental state at the time of the crimement but incompetence really means does he understand the proceedings at the time of trial and can he participate and help in his defense. we've had two psychologists here for the prosecution and the defense say you know what, he doesn't have that mental capacity to even understand the proceedings at this point. maybe he will in the future, but he's not ready now. >> woodruff: what has to happen for this finding to take place? are there a set of criteria, that apply in the federal court? >> well, the judge will look at the case law, there has been a lot of case law in this area. the judge has to determine basically and it's often on the expert's testimony whether jared loughner really understands wa