Approximately 12,000 individuals who are evaluated for competency are deemed incompetent to stand trial each year. The minimum standard of competence has not changed since the United States Supreme Court defined it in 1960 (Dusky v. United States, 362 U.S. 402) as the defendant’s having a current understanding of the nature of the charges and the case against him, as well his being able to assist his attorney in his own defense. Due process of the law demands that defendants charged with a crime must be competent at all stages of the criminal proceedings, including during sentencing. The law presumes that a defendant is competent; the burden is on the defendant to prove lack of competence. Debate is ongoing as to what competence truly means, and both lawyers and psychologists are involved in research efforts to clearly identify competence to stand trial.

http://www.macarthur.virginia.edu/adjudicate.html

After reading the executive summary of “The MacArthur Adjudicative Competence Study,” consider the questions below. Then submit your responses.

Question 1

Question 2

Question 3

Question 4

Question 5

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