LEGAL CONSTRUCTS AND DEMONSTRATED CAPACITIES
NEEDED FOR JUVENILE ADJUDICATIVE COMPETENCE
“It is not enough for the District Judge to find that ‘the defendant is oriented to time and
place and has some recollection of events,’ but that the ‘test must be whether he has
sufficient present ability to consult with his lawyer with a reasonable degree of rational
understanding – and whether he has a rational as well as factual understanding of the
proceedings against him’” (Dusky v. United States, 362 U.S. 402 [1960]).
The Court: The juvenile must be able to explain and/or identify the
following.
I.
American Justice System
A. Adversarial process
B. Innocent until proven guilty
II.
Court Process(es)
A. Juvenile and Domestic Relations
B. Adult Criminal Court
C. Transfer to Adult Court
III.
Roles, location in the courtroom, and general courtroom
setup:
A. The officers of the court
1. Judge
2. Commonwealth’s Attorney/prosecutor
3. Defense attorney (name + phone #)
4. Guardian Ad litem
5. Bailiff
6. Clerk
7. Sheriff’s deputies
B. The juvenile defendant
C. Witnesses
D. Jury
E. The juvenile defendant’s family and friends
Legal terms and concepts: The juvenile must be able to explain
and/or identify the following.
IV.
Legal terms: their definitions/meanings; function; purpose,
and significance to the juvenile
A. Adjudication
B. Felony
LEGAL CONSTRUCTS AND DEMONSTRATED CAPACITIES
NEEDED FOR JUVENILE ADJUDICATIVE COMPETENCE
C. Misdemeanor
D. Evidence
E. Right
F. Testify/ Testimony
G. Oath
H. Perjury
I. Contempt of court
J. Burden of proof
K. 5th amendment protections
L. Cross examination
M. Opening statement
N. Closing statement
O. Adversarial system
P. Guilty beyond a reasonable doubt
Q. Verdict
R. Plea
S. Plea bargain
i. The rights the juvenile would give up in accepting a
plea bargain
V.
The juvenile’s plea options
A. Not guilty;
B. Guilty;
C. No contest (nollo contendre);
D. Alford plea; or
VI.
The possible consequences if found guilty include:
A. Restitution
B. Community Service
C. Child in Need of Services Petition (CHINS)
D. Probation
E. Locally operated juvenile detention centers
F. Department of Juvenile Justice institutions
G. Other – decided by judge, or as part of plea
bargain
LEGAL CONSTRUCTS AND DEMONSTRATED CAPACITIES
NEEDED FOR JUVENILE ADJUDICATIVE COMPETENCE
Rights and Responsibilities: The juvenile must understand his/her
rights and be capable of fulfilling the following responsibilities.
VII.
The juvenile’s rights:
A. Miranda Rights
B. Right to an attorney
C. Attorney/client privilege
D. Right to be present in court
E. Right to subpoena witnesses
F. Right to face and to question witnesses (through attorney)
G. Due process
H. Appeal
VIII. The responsibilities of the juvenile defendant:
A. To assist his attorney in his own defense;
B. To understand his rights as a juvenile defendant;
C. To behave and dress appropriately for all court hearings;
D. To exercise his constitutional and statutory right to be
competent to stand trial.
Competency Requirements and Learning Objectives: To be found
competent, the juvenile must demonstrate the following abilities.
IX.
To be found competent, the juvenile must:
A. Understand the charges against him;
B. Understand the 5th amendment protections;
C. Understand the legal proceedings;
D. Understand the adversarial nature of the legal process;
E. Understand the roles of all courtroom personnel;
F. Understand the role of defense counsel;
G. Assist his defense attorney in his own defense;
H. Understand legal strategies and the potential
consequences of each strategies;
I. Display appropriate courtroom behavior;
J. Understand the possible penalties;
K. Testify relevantly;
L. Understand and compare his plea options, to include the
short and long term benefits and consequences of each;
M. Apply his knowledge of this information to make
decisions, which are in his own best interest.