Competency to Stand Trial Assessment of Defendants with Intellectual Disabilities

Competency to Stand Trial Assessment of Defendants with Intellectual Disabilities

In 1960, the U.S. Supreme Court, in Dusky v. United States, established the minimal standard for competency to stand trial: Whether the defendant has sufficient present ability to consult with his attorney with a reasonable degree of understanding and a rational as well as factual understanding of the proceedings against him.