Where Science Meets Religion

Competency

An important procedural corollary to the insanity defense involves the establishment of legal competency, otherwise known as competence to stand trial. In accordance with due process requirements, a criminal defendant cannot stand trial if he or she is deemed legally incompetent. As articulated by the Supreme Court in Dusky, a defendant is incompetent if he or she is incapable of rationally communicating with his or her attorney or rationally comprehending the nature of the proceedings against him or her.




https://www.law.cornell.edu/wex/insanity_defense