Gilbert Law Summary on Criminal Procedure (Gilbert Law Summaries) by Marcus Paul & Wilson Melanie

Author:Marcus, Paul & Wilson, Melanie [Marcus, Paul]
Language: eng
Format: azw3
ISBN: 9781634604567
Publisher: West Academic
Published: 2016-01-22T16:00:00+00:00

The incompetency claim is based on the notion that under the Due Process Clause of the United States Constitution, a defendant may not be tried, convicted, or sentenced if, as a result of mental disease or defect, he is unable (i) to understand the nature of the proceedings being brought against him or (ii) to assist his lawyer in the preparation of his defense. [Dusky v. United States, 362 U.S. 402 (1960)—defendant is competent to stand trial if she can communicate with her attorney and has a rational and factual understanding of the proceedings] In determining competency, the court will consider factors such as the defendant’s irrational behavior, the defendant’s demeanor at trial, and prior medical opinions on the defendant’s competency to stand trial. [Drope v. Missouri, 420 U.S. 162 (1975)]

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