ABSTRACT

Dusky was originally charged, along with two juvenile co-defendants, with abducting a 15-year-old girl and driving her across state lines, where the two boys raped her and Dusky attempted to rape her. His attorney raised the issues both of his competence and insanity, and he was hospitalized for examination at a federal medical center for 4 months. A psychiatric report gave a diagnosis of “Schizophrenic Reaction, chronic undierentiated type,” marked by visual hallucinations and complicated by alcoholism. A later report stated that the defendant was “unable to properly understand the proceedings” and “unable to adequately assist counsel.” In support of this opinion, the report noted that Dusky felt he was being “framed.” One of the experts testied that while the defendant did understand the charges and the basic elements of court procedure, he was “unable properly to assist in his own defense ‘due to an inability to interpret reality from unreality,’ and to ‘suspicions’ and ‘confused thinking.’” In spite of this testimony, the trial court ruled that the defendant had sucient mental capacity to stand trial, citing the fact that he was oriented and, “based on the limited evidence” available, that he was able to assist counsel. Dusky was then convicted at trial.