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The Dusky Standard

Definition

[from Dusky v. United States, 420 U.S. 162 (1960)] Provides that a defendant has the right to a competency evaluation before his trial and that the standard for competency to stand trial is whether the defendant has “sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding” and a “rational as well as factual understanding of the proceedings against him.”

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