Adjudicative competence in adolescent defendants: Judges' and defense attorneys' views of legal standards for adolescents in juvenile and criminal court.

Abstract

Although courts have increasingly required that adolescent defendants be competent to proceed with adjudication, the legal standard for competence in juvenile court is not yet settled. As a first step toward obtaining greater clarification in legal standards, in this study the authors surveyed 338 judges and defense attorneys regarding their beliefs about competence standards. Judges and defense attorneys believe that it is particularly important for juveniles to have competence-related legal capacities, compared to adults. However, lower levels of competence were considered necessary for juveniles adjudicated in juvenile court than for juveniles adjudicated in criminal court. Developmental immaturity was seen as moderately important to juveniles’ competence, although it was rated as less important than mental disorders or cognitive impairments. Furthermore, relatively few judges appear to agree that adolescents should be found incompetent on the basis of developmental immaturity alone. The implications of these findings are discussed.