The Anti-Racist Imperative of Infancy

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Immediate and complete elimination of the juvenile legal system would be fraught with political and logistical challenges. Incremental “shrinkage,” however, is not only possible but has already begun to occur.307 One incrementalist strategy is to reduce the reach of that system by constricting its jurisdiction over certain behaviors and certain children, particularly the very young.…

Developing Statutes for Competence to Stand Trial in Juvenile Delinquency Proceedings: A Guide for Lawmakers

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Sample Juvenile Court Affidavit by Legal Ethicist Abbe Smith Addressing the Ethical Challenges of Direct File in Florida

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Checklist to Assist with Competency Evaluations

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Competence to Waive Interrogation Rights and Adjudicative Competence in Adolescent Defendants: Cognitive Development, Attorney Contact, and Psychological Symptoms

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Young Offenders and Legal Competencies

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Checklist to Assist with Obtaining an Expert for a Juvenile Competency Evaluation

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Courtesy of Dr. Antoinette Kavanaugh

Checklist for Reviewing Juvenile Competency Reports and Preparing for Trial

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Courtesy of Dr. Antoinette Kavanaugh

Motion to Dismiss REDACTED speedy trial competency de minimus

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I.N. respectfully requests that this Court dismiss the above-captioned matter with prejudice pursuant to the United States Constitution and the Constitution of Maine, on the grounds that the State has violated I.N.’s right to a speedy trial by failing to conduct a competency evaluation within twenty-one days of the Court’s order, as is required by…

Functional Deficits in Juveniles Evaluated for Adjudicative Competence

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Evaluations of juvenile adjudicative competence (AC) are frequently ordered, yet significant gaps remain in the field’s understanding of referred youth. Using a sample of 277 court-ordered evaluations of juvenile AC, this study provides further support for the relationship of age and intelligence with competence, but other factors remain inconsistent. In the current study, developmental immaturity…

The Problem of Bias in Psychological Assessment

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Much the impetus for the current debate about bias in psychological testing is based on well-documented, consistent, and substantive differences between IQ scores of Whites, Hispanics, and Blacks in the U.S.A. Various explanations are offered for these differences including the idea that IQ tests are inherently biased against Blacks, Hispanics, and possibly other ethnics groups,…

Statutes Governing Juvenile Competency to Stand Trial Proceedings

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As part of the John D. and Catherine T. MacArthur Foundation’s Models for Change initiative, Larson and Grisso (2011) authored a document entitled Developing Statutes for Competence to Stand Trial in Juvenile Delinquency Proceedings: A Guide for Lawmakers. This guide outlines legal components and best practice recommendations that legislators might consider when creating or revising…

Juvenile Competency to Stand Trial a Systemic Look Under the Hood

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Juvenile competency to stand trial has historically involved the intrinsic abilities of a juvenile to understand and appreciate the nature of the proceeding against the juvenile and the juvenile’s ability to assist in his/her defense and communicate effectively with defense counsel. The literature has not addressed the recursive systemic competency process between the juvenile, defense…