Juvenile Competency Restoration

Authors

David R. Katner, Tulane Law School

First Page

657

Abstract

Despite legal competence presumptions about juveniles facing delinquency charges, tens of thousands of forensic mental health evaluations challenge the status of court-involved children in the United States each year. Researchers now find mental health disorders prevalent among juveniles in the justice system, with up to 70% having a diagnosable mental health problem. It is inappropriate to think of adolescents as younger versions of adults whose behaviors can be viewed through the same lens as adult behaviors. The Article will explore some of the causes and conclusions about why many juveniles are not competent and why many of them may not become legally competent. Prenatal exposure to alcohol creates an especially complex problem for a system that seeks to hold juveniles accountable for misconduct considering the juveniles' congenital birth defects and the difficulties in identifying the condition. Comorbid disabilities within this population are rarely properly identified, making the current forms of intervention services equally inappropriate and often unsuccessful. Many other countries do not follow the lead of the United States in imposing legal sanctions on youthful offenders. Our juvenile justice system requires proper assessment and diagnostic and treatment modalities for this large segment of the juvenile population where recidivism ushers many from juvenile courts into adult criminal courts.

Recommended Citation

David R. Katner, Juvenile Competency Restoration, 27 Lewis & Clark L. Rev. 657 (2023).
Available at: https://lawcommons.lclark.edu/lclr/vol27/iss2/7