Juvenile Competency to Stand Trial: A Systemic Look Under the Hood: Reasonable Accommodations

Abstract

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 counsel, and hearing officer. This article discusses the communication skills of defense counsel and hearing officers as part of the systemic equation in a juvenile’s competency to stand trial. A case example is used to demonstrate the importance of reasonable accommodations as part of the systemic, recursive interactions between a juvenile and court personnel. The authors conclude with recommendations for training in the areas of linguistics and the psychosocial development of juveniles in the socio-cultural context in which they live.