NCJ Number
239352
Date Published
November 2011
Length
104 pages
Annotation
This "Guide for Lawmakers" assists legislators in States that are considering the development or amendment of statutes regarding the application of competence to stand trial (CST) in juvenile court proceedings.
Abstract
The application of CST to juvenile cases raises special questions not found in criminal laws, which were developed in the context of adult defendants in criminal court. Applying these procedures for CST to juvenile proceedings has created ambiguity and controversy. The crafting of CST laws specifically for youth being processed in the juvenile justice system is the focus of this guide. Although the primary intent of the guide is to assist legislative drafting committees, it may also be useful for advisory rules committees that are developing recommended court rules or legislative committees that are reviewing a bill that has already been introduced. The guide is divided into four modules. The modules provide guidance on the definition of CST, procedural issues, competence evaluations by mental health examiners, and remediation and legal disposition of incompetent juvenile defendants. Each module outlines essential components for consideration when drafting CST for juvenile court. These sections also explain why the component must be addressed and identify alternative possibilities for how to address it. After outlining each component, each subsection then describes the "Options" that provide detailed arguments regarding the benefits and possible detriments of addressing the issue in different ways. This section offers commentators' perspectives on options for addressing the issues. The intent is to identify for legislators the arguments for and against the various ways of resolving the issues that each of the components raises. A recommendation is provided at the end of each section. A separate summary of the recommendations is provided.