Credit: Tadamichi/Adobe Stock A Competency Conundrum
Attorneys who interact with mentally ill clients, especially those with serious mental illnesses, are likely to encounter someone with anosognosia. It is important to understand that individuals with this symptom do not recognize that they are ill.
May 27, 2021 at 10:15 AM
5 minute read
If, by chance, it wasn't on the Criminal Law course syllabus in law school, every practicing criminal defense attorney quickly becomes familiar with the U.S. Supreme Court case Dusky v. United States, 362 U.S. 402 (1960). The court ruled that the test for determining whether a criminal defendant is competent to stand trial is "whether he has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding—and whether he has a rational as well as factual understanding of the proceedings against him." Even though state statutes regarding adjudicative competence vary, they all follow the Dusky guidelines.
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