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==Juvenile Competency to Stand Trial== | ==Juvenile Competency to Stand Trial== | ||
| − | An adolescent may be determined to lack competency to stand trial, if a forensic evaluation shows that | + | An adolescent may be determined to lack competency to stand trial, if a forensic evaluation shows that <br> |
| − | 1) the youth has an impairment in competency (i.e. inability to understand basic court proceedings, participate in own defense) | + | 1) the youth has an impairment in competency (i.e. inability to understand basic court proceedings, participate in own defense) <br> |
AND <br> | AND <br> | ||
2) impairment in competence is ''caused'' by one or more of the following: | 2) impairment in competence is ''caused'' by one or more of the following: | ||
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* intellectual disability | * intellectual disability | ||
* developmental immaturity. | * developmental immaturity. | ||
| + | |||
| + | ===Reference=== | ||
| + | Bath, E. Gerring, J. National Trends in Juvenile Competency to Stand Trial. JAACAP 53:3, 2014 | ||
{{stub}} | {{stub}} | ||
[[Category:Concepts]] | [[Category:Concepts]] | ||
Revision as of 19:56, 22 March 2014
Introduction
Competence is a legal or forensic term used to describe mental/psychological/intellectual fitness of an individual, particularly as it relates to legal proceedings.
- Competency to stand trial exists when an individual has basic understanding of court proceedings and can participate in his/her defense.
- Competence to be executed is another example.
If a defendant is found to be incompetent, the case against him/her may be dismissed (indefinitely or until competence can be re-established). A witness lacking competence cannot testify.
Competence evaluation usually done by a forensic psychiatrist or psychologist.
Juvenile Competency to Stand Trial
An adolescent may be determined to lack competency to stand trial, if a forensic evaluation shows that
1) the youth has an impairment in competency (i.e. inability to understand basic court proceedings, participate in own defense)
AND
2) impairment in competence is caused by one or more of the following:
- mental illness
- intellectual disability
- developmental immaturity.
Reference
Bath, E. Gerring, J. National Trends in Juvenile Competency to Stand Trial. JAACAP 53:3, 2014