Developing Statutes for Competence to Stand Trial in Juvenile Delinquency Proceedings: A Guide for Lawmakers (2012)

This document has been prepared to assist states that are considering developing or amending statutes pertaining to competence to stand trial1 in juvenile court delinquency proceedings. The need for the development of statutes regarding the application of competence to stand trial (hereinafter CST) in juvenile court proceedings arises from recent historical developments. The right of defendants to be capable of participating in their defense, as defined in Dusky v. U.S. (1960)2 and all states’ criminal codes, was rarely raised in juvenile court before the mid-1990s. In the past 10 years, however, it has been raised with increasing frequency in most jurisdictions.3 Nevertheless, most states have not yet developed statutory guidance for the application of CST in juvenile court proceedings.4 Furthermore, within the states that have juvenile competency statutes in place, some have expressed frustration from the bench, defense, and/or prosecution and seek change in their current statutory scheme.