NCJ Number
226203
Journal
Stanford Law and Policy Review Volume: 19 Issue: 2 Dated: 2008 Pages: 198-250
Date Published
2008
Length
54 pages
Annotation
This article examines for discussion the California juvenile justice system, in particular juvenile incompetence to stand trial.
Abstract
California’s process for addressing juvenile incompetence is in need of attention. This article raises as many questions as it answers. However, as the State shifts resources from the Division of Juvenile Justice to local jurisdictions and the Mental Health Services Act swings into full implementation, the opportunities are unprecedented for local systems to address long-existing needs for the most vulnerable youth. The intent is to provoke discussion and action among California’s juvenile justice system professionals and policymakers. With increasing frequency, juvenile professionals express concern over the difficulties of serving youth who “do not belong” in the juvenile justice system. Among these young people are some with cognitive impairments so severe that they are unable to fully participate in their court cases. These youth present serious challenges for the system. The system must recognize their incompetence. Competence to stand trial requires that they be able to understand the nature of the proceedings against them and to assist their lawyers. There has been little analysis of the extent of juvenile incompetence in California, or of the ability of the system to meet the needs of incompetent youth. This article begins with an overview of the California juvenile justice system and a profile of youth in juvenile justice. It presents findings of the first statewide survey of California probation departments on youth who are incompetent or potentially incompetent to stand trial in juvenile delinquency proceedings. The article concludes with suggested policy actions to address the issues encountered in serving this population, with examples of current existing “best practices.”