Quimbee logo
DMCA.com Protection Status

The Dusky Standard


[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.”

Related Rules