Common Principles
Although Dusky v. United States affirmed the right to a competency evaluation, the specifics of the evaluation remain ambiguous. Each evaluator must decide what is meant by "sufficient present ability" and "has a rational as well as a factual understanding" as set forth in the Dusky decision. One common principle is clear in forensic evaluations, however. Forensic evaluators cannot reach a finding independent of the facts of the case at hand.
Read more about this topic: Competency Evaluation (law)
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