NCJ Number
40936
Journal
Hastings Law Journal Volume: 28 Issue: 4 Dated: (MARCH 1977) Pages: 1053-1074
Date Published
1977
Length
22 pages
Annotation
THIS ARTICLE ANALYZES THE EVOLVING STANDARD FOR COMPETENCY TO STAND TRIAL, FROM THE GENERAL DOCTRINE ANNOUNCED BY THE U.S. SUPREME COURT IN DUSKY V. U.S. (1960) TO THE RECENT DECISIONS INVOLVING VARIOUS FACTORS.
Abstract
THE DUSKY STANDARD WAS THAT A DEFENDANT MUST BE ABLE TO UNDERSTAND THE NATURE AND CONSEQUENCES OF THE PROCEEDINGS AGAINST HIM AND BE ABLE TO ASSIST INTELLIGENTLY IN HIS DEFENSE. UNDER VARIOUS CIRCUMSTANCES, THIS RULE HAS BEEN MODIFIED. IN THE 1966 DECISION OF WESTBROOK V. ARIZONA, THE SUPREME COURT ENUNCIATED A RULE APPLICABLE TO THE CRIMINAL DEFENDANT WHO WAIVES COUNSEL AND CHOOSES TO REPRESENT HIMSELF. RECOGNIZING FOR THE FIRST TIME THE DISTINCTION BETWEEN A DEFENDANT'S COMPETENCY TO STAND TRIAL AND HIS COMPETENCY TO WAIVE COUNSEL AND REPRESENT HIMSELF, THE COURT SAID THAT SEPARATE DETERMINATIONS HAD TO BE MADE FOR EACH ISSUE. THE IMPLICATIONS OF THIS RULING ARE DISCUSSED AS WELL AS THE STANDARD OF COMPETENCY APPLICABLE IF THE DEFENDANT PLEADS GUILTY.... MSP