What is the difference between criminal responsibility and competency to stand trial?

Criminal responsibility refers to the individual's ability at the time of the crime to understand right from wrong, to understand the consequences of his/her behavior and to be able to conform his/her behavior to the dictates of the law.

Issues related to competency to stand trial were addressed in the United States Supreme Court ruling Dusky v. United States (1960) which has become the standard in federal and state jurisdictions in regard to competency.  The court ruled that evaluators must address the individual's present ability to:

• appreciate the charges lodged against him/her
•  appreciate the penalties that might be imposed against him/her
• appreciate the adversarial nature of the trial process
• possess sufficient understanding of the legal process
• cooperate with his/her attorney in preparation of the case
• disclose relevant information pertinent to the current proceedings
• testify relevantly on his/her own behalf
• maintain appropriate courtroom behavior

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