Abstract
Defendants can be found incompetent to stand trial, under provisions in criminal law, if they are unable to understand their legal circumstances and participate adequately in their defense. If they are found incompetent, further judicial proceedings are suspended until their competency has been restored. The purposes behind this procedure are to ensure that defendants receive a fair trial and to preserve the dignity of the adversarial process (Melton, Petrila, Poythress, & Slogobin, 2007). The competency standard that is currently recognized by the courts was established in
Dusky v. United States
(362 U.S. 402, 1960), which holds that defendants must be able to consult with an attorney and have a rational and factual understanding of the proceedings.
