Competency to Stand Trial - Research Paper Example

With the rise of felony arrest rates reported everywhere, the rate at which competency tests are sort for has increased as well. This scholarly paper will present an overview of competency laws and look at the need to have experts carrying out competency tests for the judicial systems. In the English common law, it was allowed lawfully for the arraignment, judgment, or execution of a person (capital offender) to be delayed (stayed) if the offender was or became completely insane (Hale, 1736, cited in Silten & Tulis, 1977, p. 1053). The law that is applied in the U.

S was established during the case of Dusky v. United States in 1960. In the case of Dusky vs. the United States (1960), the Supreme Court ruled that it is not enough for the district judge to find that the defendant is oriented to time and place and has some recollection of events, but that the test must be 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.

”(Steadman & Hartstone, 1983 p.402). The problem that is found in assessing and defining competency has led to a great number of interpretations of the Dusky case. Because the courts and legislatures have placed, the weight of doing this on mental health professional it is not a surprise that mental status issues have been played a major role in court proceedings. Research has shown that the presence of psychosis is not enough by itself to determine competency (Roesch & Golding, 1980). The background on competence has been extensively researched with some researchers and scholars arguing that competence has to be considered within the circumstance that it is to be used.

This has been written extensively in a journal written by Golding and Roesch in 1988 where they write. “Mere presence of severe disturbance (a