Supreme Court Case: Dusky V. United States

Good Essays
On December 16th, 2010, deputies responded to a reported disturbance in St. Augustine, Florida. A woman had called and reported that she had gotten into an argument with her roommate Lawrence Dean O’Bryan, who she described as intoxicated. The woman told the dispatcher she had locked herself into her room and started receiving text messages from O’Bryan asking her to come out. She then reported that she thought she heard O 'Bryan loading one of his many firearms.
As the deputies attempted to help the woman and her daughter leave the house, O’Bryan walked up near the home’s front door and fired at the three sheriff’s deputies. O 'Bryan was then shot by one of the officers and was taken to the hospital. The deputies and O 'Bryan all
…show more content…
About thirty percent of defendants are found incompetent to stand trial every year (Gay, J. G., Ragatz, L., & Vitacco, M., 2015). The standard for competency was set by the supreme court case Dusky v United States. Dusky v. United States was a supreme court case in which the defendant, Dusky, challenged the ruling in his original case that he was competent to stand trial despite an expert testifying he was not competent. The court overturned his conviction stating that the "record in this case does not sufficiently support the findings of competency to stand trial". The court then ordered a new evaluation, as well as a new trial if Dusky was once again found competent. According to the court, in order to be deemed competent to stand trial, a defendant must understand the charges against them, understand how a court operates, and must be able to aid his or her attorneys (Dusky v. United States 362 U.S. 402, …show more content…
Ultimately, in March 2011, a judge found O’Bryan incompetent to stand trial and ordered him into the custody of the Department of Children and Families until he could be restored to competency (Keever, 2016). What methods were used to try and restore O 'Bryan to competency were not all completely publicized. However, we can speculate on what action was taken. Restoration treatment for the mentally ill usually included antipsychotic medication. This medication is only given unwillingly in cases where the patient is considered dangerous (Mueller, C., & Wylie, A. M., 2007). This was initially ruled in the case Sell v. United States. The court ruled that medication should only be given if, the medical professionals believe that the patient will not improve without them and that the medication will not have significant side effects that will interfere with the defendant 's ability to have a fair trial (Sell v. United States 539 U.S. 166, 2003). The defendant in this case, O 'Bryan, was said to have been cooperative with treatment and his attorney has said that he has willingly taken his medication (Keever, 2016). People who are initially found incompetent to stand trial are often found to be incompetent in future rulings (Gay, J. G., Ragatz, L., & Vitacco, M., 2015). The defendant in this case was not an

Related Documents

  • Decent Essays

    However, through seeking thorough new clients, Rudy Baylor meet Claire Dane’s character, Kelly Riker, a battered wife who has been beaten up in several occasions by her husband. As shown in the movie, Claire’s husband attacks Rudy due to jealousy with a weapon before smashing him around the house. By the actions carried out, threats and force were used against Rudy so he could stay away from Claire. It’s also shown that Claire tried to use other ways to respond differently so her husband could stop. Additionally, Rudy is seen trying to reason with him once he came into the apartment before the attack.…

    • 1011 Words
    • 5 Pages
    Decent Essays
  • Decent Essays

    I then try to open my sisters bedroom door where all the yelling and screaming was coming from but the door was also locked. I once more push the door until I was able to see my sisters boyfriend holding her by the hair with a small piece of glass from the broken window behind him. I was able to break inside the room and quickly demand my sister’s boyfriend to let her go. My sister was in tears against the wall trying to get away from him. He glazed at me but pay no attention to me when I asked him to let her go.…

    • 833 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    Laura Aceves’ ex-boyfriend had a prior history of abusing her. She had been beaten with a baseball bat, dragged behind a car, strangled until she blacked out on the floor and was told how he would kill her if she ever left him. Two days prior to her death, her car broke down from what the mechanic identified as someone who poured bleach in her gas tank. He had been recently released on bail under court order to have no contact with Laura and also to check in with probation by phone each week. She dialed 911 for help and they were unable to find her ex-boyfriend Acuna-Sanchez.…

    • 851 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    They let me up to comfort my daughter and call my mother, who lived two minutes down the street to come get her out of this horrible and scary situation. After my mom got her out of the apartment, they had me waiting nervously in the living room for them to bring Julian inside. They had two other undercover officers, dressed in street clothes, grab him when he left in the car. The interrogation soon began, shortly after he arrived. Separating us, they took me into the kitchen and asked me all kinds of questions regarding Julian, and where were the drugs they were looking for.…

    • 1295 Words
    • 5 Pages
    Decent Essays
  • Decent Essays

    In rapid succession 39 bullets violated her house from the intruders’ high powered weapons. The old and frail woman was pronounced dead, riddled with six bullet holes throughout her body. The attackers were police, a SWAT team that had been sent to investigate reported drug dealing from the elderly woman. They had kicked down her door without announcing themselves because they had obtained a “no-knock warrant.” When…

    • 1078 Words
    • 5 Pages
    Decent Essays
  • Decent Essays

    But we chose to come back to our mom because my sister cried every night for her. My dad was upset and sad about this, so he took us back to our mom. When we lived with her, the house got raided twice by police looking for drugs but didn’t find anything. My mom thought she was free from the police. But it got really bad and I saw her getting into fights over drug deals.…

    • 925 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    Various violence risk assessments have been utilized in court decisions for the past several decades to help jurors decide what possible punishment outcomes should be orchestrated (Plante, 2010). In the 1983 Barefoot v. Estelle Supreme Court case, psychiatrists testified regarding the risk of future dangerousness of Defendant Barefoot during his death penalty sentencing hearing (Plante, 2010). Defendant Barefoot appealed arguing that it was beyond the psychiatrist’s competency to predict dangerousness (Plante, 2010). To support Barefoot’s appeal, the APA submitted a brief indicating that mental health professionals are incorrect in risk assessment in 67% of cases (Vitacco, Erickson, Kurus, & Apple, 2012). The United States Supreme Court ruled that behavioral scientists are competent enough to predict risk of dangerousness and recidivism despite the empirical evidence suggesting the opposite (Vitacco et al., 2012).…

    • 1807 Words
    • 8 Pages
    Decent Essays
  • Decent Essays

    The deponent is under oath to answer the questions truthfully. The statements taken at the deposition can be used at trial. Preparing for trial The defense and plaintiff can negotiate a settlement at any time during the legal proceedings. If the litigants cannot agree on a settlement, then the parties will prepare for a trial. Based on the preponderance of the evidence the court will decide if the case is worthy of a trial.…

    • 925 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    In January of 1989 Nichole Brown Simpson made a 911 call claiming that she was being attacked by her husband, OJ Simpson. In the police report, the authorities were called to their home. When they arrived to the home, the housekeeper told the police they were not needed. After that Nichole came sprinting across the lawn and collapsed on the ground letting them inside. She was bruised and screaming: “He’s going to kill me!…

    • 1040 Words
    • 5 Pages
    Decent Essays
  • Decent Essays

    My uncle Vic said that he had gotten a call from my Uncle Erick’s girlfriend and she said that they had been arguing for over week and that Erick had just snapped out of nowhere. She said that he chased her out the house with a gun and threatened to shoot her if she didn’t leave. After they went back and forth on the front porch, my uncle had stuck the gun in his mouth and screamed at her and said “If you don’t leave then I will shoot myself!” She then picked up the phone to call the police and my uncle ran in the house and locked all the doors so that she couldn’t get in. My uncle Vic rushed over to where they lived and by the time he got over…

    • 1158 Words
    • 5 Pages
    Decent Essays