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Landmark Cases

Case Name: DUSKY v. US

Date, Location, Cite: 1960 MO
362 US 402;80 S Ct 788

Milton Dusky, 33 year old man, assisted 2 teenagers in raping a 16 yr. old. He was charged with Kidnapping. He had CUT schizophrenia, was found Competent to Stand Trial, got 45 yrs.

Supreme Court said Competent to Stand Trial means:

 "Defendant has sufficient present ability to consult with lawyer with reasonable degree of rational & factual understanding of proceedings against him." It is not sufficient to find him oriented to time, place, and some events.

On re-trial, he still got 20 yrs.