Dusky v. United States
Case Date: 07/22/1960
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Dusky v. United States, 362 U.S. 402 (1960) (per curiam), is a landmark decision affirming a defendant's right to have a competency evaluation before proceding to trial.[1] In this case, the court outlined the basic standards for determining competency.[2]
Milton Dusky, a 33 year old man, was charged with assisting in the rape of an underage female and kidnapping. He was clearly suffering from schizophrenia but was found Competent to Stand Trial and received a sentence of 45 years. On petition of writ of certiorari to the United States Supreme Court, the petitioner requested that his conviction be reversed on the grounds that he was not competent to stand trial at the time of the proceeding.[2]
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