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''Dusky v. United States'', , 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.〔(【引用サイトリンク】title=Dusky v. United States )〕 In this case, the court outlined the basic standards for determining competency.〔 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 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.〔 ==Decision== Upon reviewing the evidence, the court decided to grant the writ of certiorari. The court ruled that to be competent to stand trial 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."〔 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.〔 〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Dusky v. United States」の詳細全文を読む スポンサード リンク
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