NCJ Number
164799
Journal
Law and Human Behavior Volume: 20 Issue: 5 Dated: (October 1996) Pages: 573-578
Date Published
1996
Length
6 pages
Annotation
This article identifies research issues yet to be pursued regarding the competence of juveniles to stand trial.
Abstract
The recent referral of a 10-year-old boy to an outpatient forensic clinic in Virginia for the evaluation of his competence to stand trial (CST) raised a number of research issues. The adult standard for competence to stand trial, applied without elaboration in the Federal and nearly all State jurisdictions, was set forth by the U.S. Supreme Court in Dusky v. United States (1960). Under this decision, CST is determined by "whether (the defendant) has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and whether he has a rational as well as factual understanding of the proceedings against him." Although the young boy (Michael) in Virginia was evaluated with the Dusky criteria, the specific components of this standard in Michael's case were identified rationally, using knowledge of juvenile court procedures. In particular, the assessment emphasized communication and cooperation with his attorney and the capacities to retain information and behavior in a way that was within the limits of what is tolerated by juvenile courts. Rather than making educated guesses, however, the court would have preferred to have been informed by relevant research in this area. Also, separating developmental from psychopathological causes for competence- relevant deficits was particularly acute in this case, because Michael seemed immature even for his 10 years; he also behaved consistently with his diagnosed Attention Deficit/Hyperactivity Disorder. Research that yields CST task-relevant performance norms for youth of various ages who are normal; developmentally immature; mentally, emotionally, or learning disordered; or cognitively impaired would help evaluating clinicians to both identify relevant deficits and describe their severity and possible causes with more accuracy. 26 references