Dusky Vs. 402 (1960)

A court system must observe and consider certain issues when a person stands trial in a court of law. Some of these issues involve competency, sanity and diminished capacity among other issues. These issues influence the decision of the court regarding the offence that the accused faces. For a court of law to make its decision, it has to ensure that the accused is in an acceptable state of health condition. There are certain standards that the court uses to determine competency level of the accused.
John smith, the accused, stood up in the courtroom and started yelling at the judge about what he thought of his innocence irrespective of the decision that the judge would make. He also cursed the prosecutor and kept quiet when his lawyer warned him of the negative consequences that would follow if he continued with the same behavior. Smith

The Supreme Court formulated the standards of competency in the criminal process, in the case of Dusky v, united states, 362 U.S 402 (1960). The standards set by the court are broad, vague and open-textured. It allows clinical evaluations in the interpretation and application of the test. The conviction of a defendant while he or she has mental illness or incompetence violates due process. Therefore, a defendant, the court or the attorney general can order a hearing on motion. Before the date of the hearing of the case, the court may order a psychological or psychiatric evaluation of the defendant. Pursuant to the provisions of section 4247, psychologists or psychiatrists report the findings to the court.
The court has the permission to request a deadline for the evaluation so that it can insure the promptness of the examination. The court can also request the experts who carried out the evaluation, to specify observations made of the defendant, the type of examination carried out and the opinion of the experts on the competency