What is the standard for determining whether a defendant is mentally incompetent to counsel?
California, United States of America
The following excerpt is from People v. Stewart, F064564 (Cal. App. 2019):
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.'" (Dusky v. United States (1960) 362 U.S. 402.) In California, section 1367 codifies a nearly identical standard. "A defendant is mentally incompetent ... if, as a result of mental disorder or developmental disability, the defendant is unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner." (Id., subd. (a).)
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