Research and Juvenile Competency and the Courts

Research and Juvenile Competency and the Courts

Research and Juvenile Competency and the Courts

Abstract

This analysis provides the first known in-depth qualitative inquiry into if and how juvenile court judges take the psycho-social immaturity and development of adolescents into consideration when making attributions of adjudicative competency of offenders in juvenile court. Semi-structured interviews were conducted with twenty-seven U.S. juvenile court judges, followed by grounded theory analysis. Competency evaluations from psychologists and the juvenile’s age, history, awareness, and mental capacity influence judicial determinations of competency. Although data show that understandings of adolescent development do play a large role in shaping judges’ understandings of juvenile behavior—particularly related to emotional control, irrational behavior, lack of maturity, and social susceptibility—most judges only connected these characteristics to juvenile offending. Although cognizant that juveniles exhibit attributes that diminish competency-related abilities as part of their adolescent development, the majority of judges still stated that adolescent development is not important to them in assessing juvenile competency, potentially demonstrating a cognitive disconnect on these issues. These results indicate approaches to how judges might think about juvenile competency decisions (“building blocks” vs. “holistic” models) and the need for more direct education and training of judges on the role of adolescent development in competency.

https://scholarlycommons.law.northwestern.edu/jclc/vol110/iss3/4

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Research can be applied in the court system in the area of juvenile competency. In fact, there is an extensive research project on issues of juvenile justice conducted by the MacArthur Foundation Research Network on Adolescent Development and Juvenile Justice. This multifaceted research project “seeks to expand the base of knowledge about the origins, development, prevention, and treatment of juvenile crime and delinquency.”* An additional goal of this research is to improve the current decision-making processes of the juvenile system and to set the stage for future reforms in juvenile justice policies and practices. One aspect of this major research undertaking is the MacArthur Juvenile Competence Study. Much information has come from this project and the empirical data is helping to reshape juvenile justice codes on juvenile competence to stand trial.

*MacArthur Foundation Research Network on Adolescent Development and Juvenile Justice. (n.d.). MacArthur Foundation Reasearch Network on Adolescent Development and Juvenile Justice. Retrieved October 2, 2009, from http://www.adjj.org/content/index.php

In this week’s Application Assignment, you examine various aspects of this interesting area of research and how such research can be applied in a court setting.You also explore juvenile development in general and how developmental issues shape the legal criteria of competence to stand trial for juvenile defendants, both of which can have broad application in the courts.

To prepare for this assignment:

  • Review the web article, “Issue Brief 1: Adolescent Legal Competence in Court.” Think about how this information might assist a forensic psychology professional who is tasked with assessing a juvenile’s competency to stand trial.
  • Using the Walden Library, select a research article dealing with the assessment of juvenile competency to stand trial.
  • Review the article you selected and reflect on how the study was conducted as well as how it might assist a forensic psychology professional who is tasked with assessing a juvenile’s competency to stand trial.

The assignment (1–2 pages):

  • Explain the use of forensic psychology research in court settings.
  • Briefly summarize the research study you selected, including how juvenile competency to stand trial was assessed.
  • Explain how a forensic psychology professional might use this research study when assessing a juvenile’s competency to stand trial.

Support your Application Assignment with specific references to all resources used in its preparation. You are asked to provide a reference list only for those resources not included in the Learning Resources for this week.