What’s Behind Behavior Matters: The Effects of Disabilities, Trauma and Immaturity on Juvenile Intent and Ability to Assist Counsel

The delinquent act itself is often the primary basis for determining intention and competency of children under 18 in adult or juvenile court. But behaviors result from one or more of a diverse range of factors, each of which has different effects on decision-making. The capacity of juveniles to plan or to stop an action may be limited by a variety of disabilities, as well as trauma and developmental delay. Working with their lawyers and understanding what is happening in court is also affected by immaturity and how juveniles process information. For every behavior— leading up to and including the delinquent act, waiving rights, and cooperating with counsel—we have to ask, “What is the effect, if any, of disabilities, trauma and immaturity on this behavior by this juvenile?” Age, IQ, and diagnosis tell us little about the young person’s capacity to plan and carry out an offense or to participate meaningfully in decisions about their case. Whether the offense is car theft, armed robbery, incest, or homicide and whether he or she is 12 or 17, without a thorough assessment of the unique interweaving of disabilities, trauma and immaturity a young person’s intent or competency cannot be determined.