NCJ Number
244004
Date Published
November 2012
Length
8 pages
Annotation
This policy update presents an overview of the competency issue in juvenile court and summarizes recommendations on this issue from "Developing Statutes for Competence to Stand Trial in Juvenile Delinquency Proceedings: A Guide for Lawmakers," which was developed by the John D. and Catherine T. MacArthur Foundation's Models for Change initiative.
Abstract
In 1960, the U.S. Supreme Court ruled in "Dusky v. U.S." that competency to stand trial is a constitutional requirement. Under this ruling, a defendant is competent to stand trial if he/she "has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and ... a rational as well as a factual understanding of the proceedings against him." In complying with the Court's ruling, States passed laws to govern competency determinations in criminal court. Currently, all States except Oklahoma now recognize that youth in juvenile court must be competent to stand trial however, not all States have legislation or authoritative guidance on competency standards for use in juvenile court. Many, if not most, States still use in juvenile court the same criminal competency statutes used to evaluate adult defendants. This practice fails to recognize reasons for incompetence to stand trial that are unique to youth, such as a defendant's developmental maturity. In addition, the interaction of developmental immaturity, intellectual disability, and mental illness vary with age. A summary of recommendations for a distinctive law on competency to stand trial that applies in juvenile court is drawn from the Models for Change publication mentioned previously. The recommendations are presented under the following categories: defining competence; due process considerations; competence evaluations by mental health examiners; and the remediation and legal disposition of incompetent defendants.