Evaluation of Juvenile Competency to Proceed: Applying theDuskyStandard

Abstract

Despite the general lack of legal guidance in defining the minimum standard for juvenile competency to proceed, such evaluations are frequently requested. Research suggests that younger adolescents are found incompetent at higher rates than adults and may have unique deficits due to their developmental immaturity. Evaluators must consider these potential deficits when applying the Dusky standard to juvenile evaluations, and make reasonable recommendations regarding the likelihood of the achievement of competence if developmental immaturity plays a fundamental role. This case vignette illustrates how to evaluate and consider developmental immaturity when applying the Dusky standard to juvenile competency to proceed.