Juvenile Competency to Stand Trial Essay example

Juvenile Competency to Stand Trial Essay example

Length: 1081 words (3.1 double-spaced pages)

Rating: Strong Essays

Open Document

Essay Preview

Juvenile Competency to Stand Trial



The Supreme Court has long considered competency to be a right of the criminal defendant in court. In many areas, insanity has been a criminal defense with a significant history. However, in the early part of this century, adult protections, including the competency requirement and common defenses like insanity, were not added into the juvenile court system. Because juvenile courts were established to protect juveniles from the rigors of adult court and punishments in adult facilities, states focused on achieving proceedings more compatible with juveniles' needs.
Over the last decade, many state legislatures have offered better options and procedures for handling delinquent juveniles. Many states have also extended their juvenile codes for not only the welfare of the child, but for the safety of the community and the protection of the rights of the victim(s). Moreover, many states have also amended their transfer qualifications so that only the most serious of crimes are tried in adult court. As a result, the competency requirement and the insanity defense have gained renewed importance.
The issue of juvenile competency began to form in the early 1990's from a dramatic increase in violent offenses by juveniles. A juvenile offender can be technically classified as "incompetent" for a number of reasons: developmental immaturity, mental illness, too young, or in the state of emotional shock. A criminal defendant MUST be capable of meaningful participation in his defense and must be able to make decisions, such as exercising or waiving important rights. Further, the criminal defendant must posses the ability to understand the charges, the trial process, other participants' rol...


... middle of paper ...


...ked at. For example, in Georgia, a twelve year old boy was charged with aggravated sodomy of two younger children. The defense attorney argued that the youth was diagnosed with mental retardation, and therefore could not give a consistent account of the event, and it impaired counsel from obtaining information critical to the boy's defense. The judge denied the motion explaining that Georgia did not have laws protecting incompetent juveniles from being tried in delinquency proceedings.
Not only do courts recognize incomplete development and incompetence, but most states' laws recognize lack of development. For example, the law does not believe that kids under the age of sixteen are capable of deciding about their medical treatments, entering binding contracts, or operating automobiles. How could the law then turn around and prosecute someone in this category?

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Essay about The Competency to Stand Trial

- The criminal justice system takes on a pivotal role in pursuing and preventing crimes in society. When a suspect is caught and then faced with charges for a violent crime, they legally have the right to a fair trial. In order for a criminal proceeding to successfully take place, the defendant must be fully aware of their surroundings, have a basic understanding of court procedures, as well as being capable of defending their one case. Competency to stand trial (CST) is essential for maintaining fairness in the courtroom and producing a just verdict....   [tags: criminal justice, crime, criminal, trials]

Strong Essays
1260 words (3.6 pages)

Essay on The Competency to Stand Trial

- The Supreme Court of the United States interpretation of the Sixth and a Fourteenth amendment is that defendants, who do not fit the legal description of competence to stand trial, should not be tried while they are in such a condition. Competency to stand trial refers to a person being able to participate as well as assist in his or her own defense. It has to be determined inline with the legal definition given by the laws before an individual can stand trial. The Supreme Court set a specific standard when determining competency to stand trial....   [tags: supreme court, dusky standards, juducial system]

Strong Essays
1388 words (4 pages)

Essay on Competency, Stand Trial, And The Insanity Defense

- 1. Competency to stand Trial: Refers to the ability or inability of a person to stand trial, and the inability could be due to an issue preventing them from being able to participate in their defense. If a person is considered incompetent, it could be for many reasons, for instance a mental or physical disorder as well as an intellectual disability. Allnutt, S., Samuels, A., & O 'driscoll, C. (2007). The insanity defence: From wild beasts to M 'Naghten. Australasian Psychiatry Australas Psychiatry, 292-298....   [tags: Antisocial personality disorder, Mental disorder]

Strong Essays
1703 words (4.9 pages)

Juvenile Trials And The First Juvenile Trial Essays

- In 1899, Illinois became the first state to establish Juvenile trials. This came about because children were being treated the same as adults. Juveniles would be convicted and sentenced to either prison or death. Reformers were heavily against this and suggested that juveniles be rehabilitated rather being punished due to their immaturity. The House of Refuge in New York, which opened in 1824, was the first juvenile house of reform in the United States and the purpose was to house juvenile offenders....   [tags: Prison, Crime, Youth detention center]

Strong Essays
2882 words (8.2 pages)

The Juvenile System Essay

- The juvenile system was first established in the United States around 1899 when Illinois had their first court appearance including a juvenile. This then led to the Nation’s first juvenile system being created, which was for youth under the age of eighteen who have been convicted of crimes. Up until then, most youth were tried as an adult until the system was put into place. The system has different sections in which they youth is taken in such as: intake, adjudication, disposition, and post adjudicatory....   [tags: Crime, Trial, Youth, Plaintiff]

Strong Essays
713 words (2 pages)

The Crime Committed By A Juvenile Essay

- In modern society, most often you hear a crime committed by a juvenile referred to as a delinquent act and not a criminal offense. Early on in U.S. history, there was no difference between a “child” breaking the law or an “adult” breaking the law – they were treated exactly the same. Let’s rewind to the 18th century. Traditionally, anyone below the age of 7 was recognized as an “infant” and therefore was thought to be below the age of reasoning. This meant that anyone under age 7 was not capable of criminal intent and exempt from punishment for their acts and from serving any prison time....   [tags: Crime, Juvenile delinquency, Criminology]

Strong Essays
937 words (2.7 pages)

Essay on Juvenile Justice And Juvenile Delinquency

- Juvenile Justice When teenagers are growing up it’s a difficult time it’s proven that our minds aren’t fully developed to the extent of an adult. We make numerous mistakes, but our mistakes teach us how to learn right from wrong. Our hormones at this stage make our emotions less manageable .It’s not easy being a teenager when you’re scared about what people think. A lot of young kids don’t know how to manage it. Which makes it’s a stressful period of trying to understand yourself and what your good at....   [tags: Crime, Juvenile delinquency, Criminology]

Strong Essays
1418 words (4.1 pages)

Essay on Juvenile Delinquency And Adult Offenders

- Throughout the history in the article “Early in U.S. history, children who broke the law were treated the same as adult criminals” (1999) that was written by the Bulletin: Juvenile Justice, explains around the nineteenth century, young children at age seven who are accused for a dishonest behavior were to be imprisoned either with the adult or sentenced to death if found guilty on stand trial in criminal court offenses (1999). In early 1825, the society for the Prevention of Juvenile Delinquency was supporting the separation of juvenile and adult offender because many States took the responsibilities for utilizing the juvenile facilities when the youth were under various abuses (1999)....   [tags: Crime, Juvenile delinquency, Health care]

Strong Essays
1052 words (3 pages)

Essay on Cultural Competency : Cultural Competence

- Cultural Competency Training Cultural Competence • What is it. • Why do we need it. • Where do we get it. According to Cross, Bazron, Dennis, and Isaacs (1989), cultural competence can be defined “as a set of congruent behaviors, attitudes, and policies that come together in a system, agency or among professionals and enable that system, agency or those professions to work effectively in cross-cultural situations”. Denboba, MCHB (1993) believes that cultural competence is a “set of values, behaviors, attitudes, and practices within a system, organization, program or among individuals and which enables them to work effectively cross culturally”....   [tags: Culture, Intercultural competence]

Strong Essays
1022 words (2.9 pages)

Kafka’s The Trial Essay

- Kafka’s The Trial delves into the life of Josef K., a bank worker who gets himself tied up in an unknown trial, against an indefinable and ultimately unaccountable legal system. While the piece is a work of fiction it parallels many of the legal problems in existence during the period in which Kafka was writing and to an extent gives a fictitious account of many real events going on. Many parallels can be seen in the trials of Alfred Dreyfus, Oscar Wilde, John Scopes and Nikolai Bukharin in various ways....   [tags: The Trial Essays]

Strong Essays
1674 words (4.8 pages)