U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Evaluation of Juvenile Competency to Proceed: Applying the Dusky Standard

NCJ Number
230027
Journal
Journal of Forensic Psychology Practice Volume: 10 Issue: 1 Dated: January - February 2010 Pages: 1-12
Author(s)
Christina L. Riggs Romaine, M.S.; Kathleen Kemp, M.S.; David DeMatteo, J.D., Ph.D.
Date Published
February 2010
Length
12 pages
Annotation
This study examined how the Dusky standard could be applied to juvenile competency to proceed evaluations.
Abstract
Despite the general lack of legal guidance in defining the minimum standard for juvenile competency to proceed, such evaluations are frequently requested. Research suggests that younger adolescents are found incompetent at higher rates than adults and may have unique deficits due to their developmental immaturity. Evaluators must consider these potential deficits when applying the Dusky standard to juvenile evaluations, and make reasonable recommendations regarding the likelihood of the achievement of competence if developmental immaturity plays a fundamental role. This case vignette illustrates how to evaluate and consider developmental immaturity when applying the Dusky standard to juvenile competency to proceed. References (Published Abstract)