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Cooper V. Oklahoma Case Summary

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The Cooper v. Oklahoma case shaped the first phrase because “Oklahoma’s practice of requiring the defendant to prove incompetence by clear and convincing evidence imposes a significant risk of an erroneous determination that the defendant is competent. Oklahoma’s clear and convincing evidence standard affects a class of cases in which the defendant has already demonstrated that he is more likely than not incompetent.” From this case, the Court concluded that preponderance of evidence is sufficient to determine competency evaluation because ‘clear and convincing evidence’ to determine competency evaluation is too high of a standard of proof that can bring about dire consequences for the defendant. Dusky v. United States was the landmark case that outlined some of the necessary standards for determining competency to stand trial. In Dusky v. United States, the Supreme Court established that for determining competency “The test must be whether [the defendant] has sufficient present 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 …show more content…
US v. Duhon (2000): Although this case focuses on competency restoration it is not applicable to the case of Mr. B. This case emphasizes the different procedure of competency restoration between incompetent defendants deemed able to attain competency in the near future and incompetent defendants unable to attain competency in the near future with or without hospitalization. Unlike Mr. B, Duhon was found incapable to obtain the capabilities to restore his competency with or without hospitalization because of his mental defect. Also Duhon did not pose a risk of dangerousness to himself or others making further hospitalization unnecessary. For this case to be application, there would have to be a competency evaluation further down the case showing a high probability of inability to restore Mr. B’s competency in the near

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