Federal and State Standards for Competency to Stand Trial The following provides information of various standards of Competency to Stand Trial or Fitness to Stand Trial and other relevant psycholegal abilities that may be the focus of evaluation. Federal Court – Dusky Standard Dusky v. United States (1960) – Created the standard for competency to stand trial. Dusky v. United …

Competency to Stand Trial Landmark Cases Cooper v. Oklahoma Cooper v. Oklahoma (US Supreme Court 1996) In regard to burden of proof for competency to stand trial, the Court ruled Oklahoma’s law that allowed the State to try a defendant who is more likely than not incompetent was unconstitutional as it violated the Due Process Clause. In other words, the …