Dusky v. United States

Last updated
Dusky v. United States
Seal of the United States Supreme Court.svg
Decided April 18, 1960
Full case nameMilton Dusky v. United States
Citations362 U.S. 402 ( more )
80 S. Ct. 788; 4 L. Ed. 2d 824; 1960 U.S. LEXIS 1307
Case history
Prior271 F.2d 385 (8th Cir. 1959)
Subsequent295 F.2d 743 (8th Cir. 1961)
Holding
The competency standard for standing trial: 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."
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black  · Felix Frankfurter
William O. Douglas  · Tom C. Clark
John M. Harlan II  · William J. Brennan Jr.
Charles E. Whittaker  · Potter Stewart
Case opinion
Per curiam

Dusky v. United States, 362 U.S. 402 (1960), was a landmark United States Supreme Court case in which the Court affirmed a defendant's right to have a competency evaluation before proceeding to trial. [1] The Court outlined the basic standards for determining competency. [2]

Contents

Background

Milton Dusky, a 33-year-old man, was charged with assisting in the kidnapping and rape of an underage female. 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 Supreme Court, the petitioner requested for his conviction to be reversed on the grounds that he was not competent to stand trial at the time of the proceeding. [2]

Decision

Upon reviewing the evidence, the court decided to grant the writ of certiorari. The court ruled that to be competent to stand trial the defendant must have a "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." [1] The court made clear that a brief mental status exam was insufficient. His case was remanded for retrial, at which time his sentence was reduced to 20 years. [2]

Significance

This case set the current standard for adjudicative competence in the United States. Although the statutes addressing competency vary from state to state in the United States, the two elements outlined in the decision are held in common:

Subsequently, in Godinez v. Moran (1993), the Supreme Court held that the competency standard for pleading guilty or waiving the right to counsel is the same as the competency standard for standing trial established in Dusky. [4] In Indiana v. Edwards (2008), however, the Supreme Court made a distinction between competence to waive counsel (CTWC), which was the subject of Godinez, and competence to represent oneself (CTRO). The majority opinion, authored by Breyer, noted, "In certain instances an individual may well be able to satisfy Dusky's mental competence standard, for he will be able to work with counsel at trial, yet at the same time he may be unable to carry out the basic tasks needed to present his own defense without the help of counsel." However, the court did not actually provide a CTRO standard, opting instead to leave this to legislatures and lower courts. [5]

Felhous (2011) argues that many state statutes and the federal statute do not incorporate the rationality standard enunciated in Dusky, and that various post-Dusky court decisions had not consistently affirmed the rationality standard. [6]

See also

Related Research Articles

Sixth Amendment to the United States Constitution Article of amendment to the U.S. Constitution, as part of the Bill of Rights, enumerating rights related to criminal prosecutions.

The Sixth Amendment to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied most of the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment.

In United States and Canadian law, competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or her decisions or acts. Competence is an attribute that is decision-specific. Depending on various factors which typically revolve around mental function integrity, an individual may or may not be competent to make a particular medical decision, a particular contractual agreement, to execute an effective deed to real property, or to execute a will having certain terms.

Faretta v. California, 422 U.S. 806 (1975), was a case in which the Supreme Court of the United States held that criminal defendants have a constitutional right to refuse counsel and represent themselves in state criminal proceedings.

Panetti v. Quarterman, 551 U.S. 930 (2007), is a decision by the Supreme Court of the United States, ruling that criminal defendants sentenced to death may not be executed if they do not understand the reason for their imminent execution, and that once the state has set an execution date death-row inmates may litigate their competency to be executed in habeas corpus proceedings. This decision reaffirmed the Court's prior holdings in Ford v. Wainwright, and Stewart v. Martinez-Villareal.

Sell v. United States, 539 U.S. 166 (2003), is a decision in which the United States Supreme Court imposed stringent limits on the right of a lower court to order the forcible administration of antipsychotic medication to a criminal defendant who had been determined to be incompetent to stand trial for the sole purpose of making them competent and able to be tried. Specifically, the court held that lower courts could do so only under limited circumstances in which specified criteria had been met. In the case of Charles Sell, since the lower court had failed to determine that all the appropriate criteria for court-ordered forcible treatment had been met, the order to forcibly medicate the defendant was reversed.

In the United States criminal justice system, a competency evaluation is an assessment of the ability of a defendant to understand and rationally participate in a court process.

<i>United States v. Binion</i>

United States v. Binion, 132 F. App'x 89, is a case in which the United States Court of Appeals for the Eighth Circuit applied two recent U.S. Supreme Court decisions, United States v. Booker and United States v. Fanfan, in upholding the sentencing decision by the trial court, the United States District Court for the Eastern District of Missouri.

Wiggins v. Smith, 539 U.S. 510 (2003), is a case in which the United States Supreme Court spelled out standards for "effectiveness" in the constitutional right to legal counsel guaranteed by the Sixth Amendment. Previously the court had determined that the Sixth Amendment included the right to "effective assistance" of legal counsel, but it did not specify what constitutes "effective", thus leaving the standards for effectiveness vague. In Wiggins v. Smith, the court set forth the American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases Guideline 11.8.6.(1989), as a specific guideline by which to measure effectiveness and competence of legal counsel.

Jackson v. Indiana, 406 U.S. 715 (1972), was a landmark decision of the United States Supreme Court that determined a U.S. state violated due process by involuntarily committing a criminal defendant for an indefinite period of time solely on the basis of his permanent incompetency to stand trial on the charges filed against him.

Frendak v. United States, 408 A.2d 364 is a landmark case in which District of Columbia Court of Appeals decided that a judge could not impose an insanity defense over the defendant's objections.

Godinez v. Moran, 509 U.S. 389 (1993), was a landmark decision in which the U.S. Supreme Court ruled that if a defendant was competent to stand trial, they were automatically competent to plead guilty, and thereby waive the panoply of trial rights, including the right to counsel.

Estelle v. Smith, 451 U.S. 454 (1981), was a United States Supreme Court case in which the Court held that, per Miranda v. Arizona (1966), the state may not force a defendant to submit to a psychiatric examination solely for the purposes of sentencing. Any such examination violates the defendant's Fifth Amendment rights against self-incrimination as well as the Sixth Amendment right to counsel, and is therefore inadmissible at sentencing.

Drope v. Missouri, 420 U.S. 162 (1975), was a United States Supreme Court case in which the Court held a Missouri trial court deprived a defendant of due process by failing to order a competency examination after he was hospitalized following an attempted suicide and as a result missed a portion of his trial for a capital offense.

Cooper v. Oklahoma, 517 U.S. 348 (1996), was a United States Supreme Court case in which the Court reversed an Oklahoma court decision holding that a defendant is presumed to be competent to stand trial unless he proves otherwise by the second highest legal standard of proof, that of clear and convincing evidence, ruling that to be unconstitutional. The court said the defendant's Fourteenth Amendment rights to due process were violated.

Indiana v. Edwards, 554 U.S. 164 (2008), was a United States Supreme Court case in which the Court held that the standard for competency to stand trial was not linked to the standard for competency to represent oneself.

United States constitutional criminal procedure

The United States Constitution contains several provisions regarding the law of criminal procedure.

The Assistance of Counsel Clause of the Sixth Amendment to the United States Constitution provides: "In all criminal prosecutions, the accused shall enjoy the right...to have the Assistance of Counsel for his defence."

Ryan v. Valencia Gonzales, 568 U.S. 57 (2013), was a case in which the Supreme Court of the United States held that a defendant on death row did not need to be held competent during federal habeas corpus proceedings.

Bell v. Cone, 535 U.S. 685 (2002), was a Supreme Court of the United States case that upheld a death sentence despite the defendant's argument that he should not be sentenced to death because he was suffering from drug-induced psychosis when he committed the crimes. Cone also argued that he was denied effective assistance of counsel because his attorney failed to present sufficient mitigating evidence during the sentencing phase of his trial and that his attorney inappropriately waived his final argument during the sentencing phase. In an 8–1 opinion written by Chief Justice William Rehnquist, the United States Supreme Court denied Cone's petition for a writ of habeas corpus. The Court held that the actions taken by Cone's attorney during the sentencing phase were "tactical decisions" and that the state courts that denied Cone's appeals did not unreasonably apply clearly established law. Justice John Paul Stevens wrote a dissenting opinion in which he argued that Cone was denied effective assistance of counsel because his attorney failed to "subject the prosecution's case to meaningful adversarial testing."

References

  1. 1 2 3 Dusky v. United States, 362 U.S. 402 (1960). PD-icon.svg This article incorporates public domain material from this U.S government document.
  2. 1 2 3 "Assessment of Competency and Sanity". Archived from the original on 2007-06-04. Retrieved 2007-10-05.
  3. Grisso, Thomas (1988). Competency to Stand Trial Evaluations: A Manual for Practice (1988 ed.). Sarasota FL: Professional Resource Exchange. pp. 1–23. ISBN   978-0-943158-51-8.
  4. Godinez v. Moran , 509 U.S. 389 (1993).
  5. Felthous, Alan R.; Flynn, Lauren E. (January–February 2009). "From competence to waive counsel to competence to represent oneself: the Supreme Court advances fairness in Edwards". Mental and Physical Disability Law Reporter. 33 (1): 14–17. JSTOR   27898867. PMID   20698084.
  6. Felthous, A. R. (2011). Competence to stand trial should require rational understanding. Journal of the American Academy of Psychiatry and the Law, 39(1), 19-30. http://www.jaapl.org/content/39/1/19.full