The Dusky standard is one of the most frequently referenced legal standards in criminal forensic psychology. As forensic psychologists, we are routinely asked to apply the Dusky competency criteria in competency-to-stand-trial (CST) evaluations, articulate these standards clearly in written reports, and defend our conclusions under adversarial cross-examination. Under Dusky v. United States (1960), a defendant must have “sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding” and possess “a rational as well as factual understanding of the proceedings against him.”
While most practitioners can recite the language of Dusky v. United States (1960), effective criminal court practice requires far more than familiarity with its wording. Mastery of Dusky is about disciplined application. Our credibility as experts rests on legal literacy and reasoning. Understanding how courts interpret, commonly misapply, and challenge Dusky-based opinions is essential to delivering defensible testimony.