Essay on Competency Court Case Dusky V. United State

1387 Words Nov 22nd, 2014 null Page
What is the legal standard to determine if a defendant is competent to stand trial? Competency to stand trial (CST) came about to light in the U.S. Supreme Court case Dusky v. United State which established that in order for a defendant to be tried that they have must have sufficient present ability to consult with their lawyer with a reasonable degree of rational understanding and factual understanding of the proceedings against him (Dusky v. United States, 1960). Kruh and Grisso (2009) provide analysis of some of the terms that were used in the Dusky test:
• Sufficient ability and reasonable understanding specify that CST does not require complete and fully unimpaired functioning, whereas reasonable implies to relativity to the context
• Present refers to a current mental state question
• Ability refers whether or not the defendant is able to function not if they are unfamiliar with functioning There are some matters of competence as they relate to juvenile court because they are less certain. They include unclear if the Dusky definition is the same for participating in juvenile proceedings as for participating in criminal proceedings, some youths may lack the abilities identified in the Dusky standard not because of disorder and disability but rather of immaturity, and the deposition of juveniles found incompetent are uncertain in many states because if an adult is found incompetent than they would be provided treatment or habilitation (Grisso & Romaine, 2013). Case…

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