Discuss the ramifications of competency to stand trial for someone claiming intellectual disability using the Dusky standard. Do you believe there is a better way to assess competency? What might that be? Discuss the areas they would assess for cognitive impairment. What factors would you rely on in your evaluations to support their competency conclusions? In addition, is it important for a defendant to be able to assist in his or her own defense to be deemed competent. How is putting people in mental institutions without their being able to explain themselves or their behavior any different than incarcerating them? Other than mental illness, why might certain sectors of the population be more likely to be judged incompetent than others?
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