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Competency to Stand Trial in Preadjudicatory Juveniles and Adults

NCJ Number
180093
Journal
Journal of the American Academy of Psychiatry and the Law Volume: 26 Issue: 1 Dated: 1998 Pages: 89-99
Author(s)
Geoffrey R. McKee Ph.D.
Date Published
1998
Length
11 pages
Annotation
This study compared the competency to stand trial of 108 juveniles and 145 adults who were undergoing pretrial, court-ordered forensic psychiatric evaluations.
Abstract
The juveniles were ages 7-16 years; the adults were ages 17 years old or older. The adults were superior on both global and specific competency abilities. Preteens failed to meet a standard established in the decision in Dusky v. United States, while 13-year-olds and 14-year-olds displayed an equal mix of abilities and deficits. Mid-adolescents ages 15-16 were equivalent to adults in abilities related to the competency to stand trial, except in their knowledge about elements of plea bargaining. Findings indicated that preteens facing criminal proceedings are at a significant disadvantage as defendants and that experienced forensic psychiatrists do not consider all competency functions as equally important to their opinions of the trial competency of juveniles and adults. Findings suggested that these forensic examiners believe that an accused person's ability during the trial process is less important to global competency to stand trial than are the pretrial factual and rational understandings. Further research is recommended on several aspects of competency in juveniles and adults. Tables and 42 references (Author abstract modified)