In the 1990s, youth crime rates peaked, which led to an increase in arrests, interrogations, and prosecutions of juveniles (U.S. Department of Justice and Federal Bureau of Investigation, 2006). The influx of juveniles in the justice system prompted many researchers to inquire about legal competence in minors. Despite recent declines in juvenile crime rates, researchers are still concerned about developmental capacities of adolescents who are involved in the legal system (Grisso et al., 2003). This review will address two related aspects of legal competence: false confessions resulting from the interrogation process and competency to stand trial. Factors associated with competence such as development, mental illness, and mental retardation will be reviewed. Lastly, suggestions are made for policy reformations and directions for future study. The Miranda Waiver/interrogation process and competency to stand trial (CST) are two related forms of legal competence. The ability to understand the Waiver process and Miranda rights is referred to as preadjudicative competence (Redlich, Silverman, & Steiner, 2003). By definition, Miranda rights give suspects the right to remain silent after arrested, the knowledge that any statements made can be used against them in a court of law, and an understanding they have the right to an attorney (Miranda v. Arizona, 1966). Miranda rights are important because they protect a suspect from interrogation; once these rights are waived, interrogation is free to begin (Kassin & Gudjonsson, 2004). In contrast, adjudicative competence (also known as CST) refers to a person's capacity to understand the legal process, court procedures, and the right to counsel after he or she is accused of a crime (Redlich et al., 2003). Adolescents are at an increased risk for legal incompetence due to evolving development in multiple domains (Steinberg & Cauffman, 1999). The past two decades saw a substantial spike in juvenile (i.e., under age 18) crime rates, followed by a recent decline (U.S. Department of Justice and Federal Bureau of Investigation, 2006). During the spike, more juveniles were interrogated and put on trial, which caused increased concern about the legal standards for youths in the Miranda Waiver/interrogation process as well as in CST proceedings (Cox, 2008).
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