Wilson v. U.S. (DC Circuit of Appeals, 1968): The ruling established fair trial guidelines for judges regarding the evaluation of a person with amnesia. It was determined amnesia alone does not render a defendant incompetent to stand trial. Several factors must be considered when determining competency of an amnestic defendant, including: (1) The extent to which the amnesia affected the defendant’s ability to consult with and assist his lawyer, (2) The extent to which the amnesia affected the defendant’s ability to testify in his own behalf, (3) The extent to which the evidence in suit could be extrinsically reconstructed in view of the defendant’s amnesia. Such evidence would include evidence relating to the crime itself as well as any reasonably possible alibi, (4) The extent to which the Government assisted the defendant and his counsel in that reconstruction, (5) The strength of the prosecution’s case. Most important here will be whether the Government’s case is such as to negate all reasonable hypotheses of innocence. If there is any substantial possibility that the accused could, but for his amnesia, establish an alibi or other defense, it should be presumed that he would have been able to do so, and (6) Any other facts and circumstances which would indicate whether or not the defendant had a fair trial.
Forensic & Psychological Assessments