Michael, accused of assault, was found incompetent to stand trial sixteen years ago.Since that time, he has been held in a state mental facility.This is likely in violation of

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Jackson v. Indiana (1972) established that an individual cannot be held in a state mental facility for an indefinite period of time solely based on incompetence to stand trial. The individual must receive prompt treatment to restore competency, and if this cannot be achieved within a reasonable amount of time, the charges must be dropped and the individual must be released or placed in a less restrictive setting. Holding Michael for sixteen years without making a continual effort to restore his competency is likely a violation of this ruling. Dusky v. United States (1960) established the standard for competency to stand trial, and Johnson v. Zerbst (1938) established the right to counsel in criminal proceedings, but these do not directly apply to the issue of indefinite detention in a mental facility. United States v. Masthers (1976) dealt with the admissibility of expert testimony to determine competency to stand trial.

Michael, Accused of Assault, Was Found Incompetent to Stand Trial