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" ... the defendant [is] oriented to time and place and [has] some recollection of events," but that the "test must be whether he has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding— and whether... "
The Psychology and Law of Criminal Justice Processes - Side 284
av Roger J. R. Levesque - 2006 - 723 sider
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volum 362

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1960 - 824 sider
...ability to consult with his lawyer with a reasonable degree of rational understanding — and whether he has a rational as well as factual understanding of the proceedings against him." 362 US April 18, 1960. In view of the doubts and ambiguities regarding the legal significance of the...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volum 362

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1960 - 832 sider
...ability to consult with his lawyer with a reasonable degree of rational understanding — and whether he has a rational as well as factual understanding of the proceedings against him." 362 US April 18, 1960. In view of the doubts and ambiguities regarding the legal significance of the...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volum 362

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1960 - 840 sider
...ability to consult with his lawyer with a reasonable degree of rational understanding — and whether he has a rational as well as factual understanding of the proceedings against him." 362 US April 18, 1960. In view of the doubts and ambiguities regarding the legal significance of the...
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Hearings, Reports and Prints of the Senate Committee on Government Operations

United States. Congress. Senate. Committee on Government Operations - 1969 - 1640 sider
...recollection of events, but whether he has sufficient present ability to consult with his attorney with a reasonable degree of rational understanding...factual understanding of the proceedings against him. -tore of Rhode Island v. Cook, 244 A.2d 833 lfl.l..Aug. 7. 1968) Possible Incompetence Due to Diabetes...
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Constitutional Rights of the Mentally Ill: Hearings Before the Subcommittee ...

United States. Congress. Senate. Judiciary - 1970 - 1032 sider
...present ability to consult with his lawyer with a reasonable degree of rational understanding" and if be "has a rational as well as factual understanding of the proceedings against him." Dusky v. United States 362 US 402 (I960)." But when does a defendant have "sufficient present ability...
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Constitutional Rights of the Mentally Ill: Hearings, Ninety-first Congress ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights - 1970 - 1012 sider
...present ability to consult with his. lawyer with a reasonable degree of rational understanding" and if be "has a rational as well as factual understanding of the proceedings against him." Dusky v. United States 362 US 402 (I960)." But when does a defendant have "sufficient present ability...
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Constitutional Rights of the Mentally Ill: Hearings, Ninety-first Congress ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights - 1970 - 1008 sider
...present ability to consult with his lawyer with a reasonable degree of rational understanding" and if be "has a rational as well as factual understanding of the proceedings against him." Dusky v. United States 362 US 402 (I960)." But when does a defendant have "sufficient present ability...
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A Handbook of Correctional Psychiatry, Volum 1

1973 - 56 sider
...ability to consult with his lawyer with a reasonable degree of rational understanding— and whether he has a rational as well as factual understanding of the proceedings against him." (1). The question raised in the second stage, which occurs during the trial, is whether or not the...
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Courts

United States. National Advisory Commission on Criminal Justice Standards and Goals - 1973 - 416 sider
...the ability to consult with his lawyer with reasonable degree of rational understanding and . . . had a rational as well as factual understanding of the proceedings against him." (Berry v. US., 286 F. Supp. 816, 819 (ED Pa. 1968).) Determination of competence and understanding...
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The Bilingual Courts Act: Hearings Before the Subcommittee on Improvements ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery - 1974 - 220 sider
...ability to consult with his lawyer with a reasonable degree of rational understanding and whether he has a rational as well as factual understanding of the proceedings against him. Analogously, no one should expect the trial court judge to determine a technical, linguistic question...
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