Godinez v. Moran, 509 U.S. 389, 16 (1993)

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404

GODINEZ v. MORAN

Opinion of Kennedy, J.

with [a] lawyer," the crucial component of the inquiry is the defendant's possession of "a reasonable degree of rational understanding." In other words, the focus of the Dusky formulation is on a particular level of mental functioning, which the ability to consult counsel helps identify. The possibility that consultation will occur is not required for the standard to serve its purpose. If a defendant elects to stand trial and to take the foolish course of acting as his own counsel, the law does not for that reason require any added degree of competence. See ante, at 399-400, n. 10.

The Due Process Clause does not mandate different standards of competency at various stages of or for different decisions made during the criminal proceedings. That was never the rule at common law, and it would take some extraordinary showing of the inadequacy of a single standard of competency for us to require States to employ heightened standards. See Medina v. California, 505 U. S. 437, 446- 447 (1992). Indeed, we should only overturn Nevada's use of a single standard if it " 'offends some principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental.' " Ibid. (quoting Patterson v. New York, 432 U. S. 197, 202 (1977)).

The historical treatment of competency that supports Nevada's single standard has its roots in English common law. Writing in the 18th century, Blackstone described the effect of a defendant's incompetence on criminal proceedings:

"[I]f a man in his sound memory commits a capital of-fence, and before arraignment for it, he becomes mad, he ought not to be arraigned for it; because he is not able to plead to it with that advice and caution that he ought. And if, after he has pleaded, the prisoner becomes mad, he shall not be tried; for how can he make his defence?" 4 W. Blackstone, Commentaries *24.

Accord, 1 M. Hale, Pleas of the Crown *34-*35.

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