Under the Dusky standard, the presence of mental illness or mental retardation guarantees that a defendant will be found incompetent to stand trial.

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The Dusky standard requires that a defendant must have a factual and rational understanding of the proceedings against them and be able to consult with their lawyer with a reasonable degree of rational understanding. Simply having a mental illness or mental retardation does not automatically render someone incompetent to stand trial; it must be shown that these conditions significantly impair their ability to meet the Dusky criteria.

Under the Dusky Standard, the Presence of Mental Illness or Mental