Dusky v. United States
1986 in law | united states supreme court cases
Dusky v. United States , 1960 (per curiam) is a landmark case affirming a defendant's right to have a competency evaluation before preceding to trial. In this case, the court outlined the basic standards for determining competency.
Milton Dusky, a 33 year old man, was charged with assisting in the rape of an underage female and kidnapping. He was clearly suffering from schizophrenia but was found Competent to Stand Trial and received a sentence of 45 year. On petition of writ of certiorari to the United States Supreme Court, the petitioner requested that his conviction be reversed on the grounds that he was not competent to stand trial at the time of the proceeding.
Decision
Upon reviewing the evidence, the court decided to grant the writ of certiorari. The court ruled that to be competent to stand trial defendant must have a "sufficient present ability to consult with lawyer with a reasonable degree of rational and factual understanding of proceedings against him." The court made clear that a brief mental status exam was insufficient. His case was remanded for retrial, at which time his sentence was reduced to 20 years.Footnotes
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