Juveniles’ Competence to Stand Trial: A Comparison of Adolescents’ and Adults’ Capacities as Trial Defendants

Abstract

Abilities associated with adjudicative competence were assessed among 927 adolescents in juvenile detention facilities and community settings. Adolescents' abilities were compared to those of 466 young adults in jails and in the community. Participants at four locations across the United States completed a standardized measure of abilities relevant for competence to stand trial (the MacArthur Competence Assessment Tool-Criminal Adjudication) as well as a new procedure for assessing psychosocial influences on legal decisions often required of defendants (MacArthur Judgment Evaluation). Youths aged 15 and younger performed more poorly than did young adults, with a greater proportion manifesting a level of impairment consistent with that of persons found incompetent to stand trial. Adolescents also tended more often than young adults to make choices (e.g., about plea agreements) that reflected compliance with authority, as well as influences of psychosocial immaturity. Implications of these results for policy and practice are discussed, with an emphasis on the development of legal standards that recognize immaturity as a potential predicate of incompetence to stand trial.

False confessions

“…In one experiment, researchers examined variations in the age of subjects using the computer cash paradigm described earlier and found that false confession rates varied as a function of age: 78% among 12‐ and 13‐year‐olds compared to 72% among 15‐ and 16‐year‐olds and 59% of young adults . Similar results were obtained in responses to hypothetical vignettes . Self‐report studies have also yielded higher false confession rates amongst youths than adults.…”

Measurement of Change in Dynamic Factors Using the START: AV

“…Therefore, the START:AV may also be utilized to monitor treatment progress and allow for adjustments to be made in case management plans or for treatment options to be applied more effectively and responsively to any apparent dynamic changes during treatment. Although adolescence is marked by deficits in psychosocial functioning, including impulsivity, reliance on peer acceptance, lack of autonomy, and poor judgment in regard to future consequences (Grisso et al, 2003; Kupchik, 2006; Scott & Grisso, 2005; Sellers & Arrigo, 2009; Steinberg & Monahan, 2007; Steinberg et al, 2008; Steinberg et al, 2009), skills in these psychosocial dimensions are developing rapidly (Monahan, Steinberg, Cauffman, & Mulvey, 2009); thus, investigations into acute and stable dynamic factors are crucial. To our knowledge, this is the first study to identify acute or stable dynamic risk factors in a general (as opposed to sex offender) sample of justice-involved youth.…”

Future of Youth Justice in Japan

“…First, young offenders only have limited comprehensibility. The most well-known research is by Grisso (1981;Grisso et al, 2003). Examining the level of understanding of Miranda warnings, Grisso's research has demonstrated that youths younger than 15 years, or those with IQ scores below 80, have difficulties properly understanding their legal rights.…”