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The standard for competency is defined in Dusky v. U.S. (1960) as sufficient ability to assist one's attorney and having a factual and rational understanding
The standard for competency is defined in Dusky v. U.S. (1960) as sufficient ability to assist one's attorney and having a factual and rational understanding of the case and trial proceedings. It is a "low" bar, and most people (even most mentally ill people) are deemed competent. Should this be the same standard used by the court to determine when someone is competent to waive counsel and represent oneself at trial, like Colin Ferguson did? If so, why? If not, what should the standard to represent oneself be, and why?
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