Preadolescent adjudicative competence: methodological considerations and recommendations for practice standards. 2001

L B Oberlander, and N E Goldstein, and C N Ho
Harvard Medical School, MA, USA.

This article examines developmental and legal issues directed toward a downward age extension of forensic evaluation practice standards for preadolescent defendants whose competence is questioned. Existing research and practice standards were developed for cases involving adolescents and adults, but they lack sufficient application to evaluations of young children because of the ways in which legal parameters affect young children. We review practice implications of the legal role of "immaturity" for adjudicative competence, alterations of Dusky in some juvenile courts, and the role of parens patriae in competence hearings held in juvenile court. We examine competence abilities in a developmental framework. Examining practice standards is timely because adjudicative competence in preadolescent defendants has taken on recent significance. The last decade saw changes in the stringency of delinquency statutes, increased emphasis on adversarial approaches to juvenile proceedings, and a de-emphasis on rehabilitation and parens patriae protections. Statutory changes and increased referrals have heightened inquiry into the meaning of preadolescent adjudicative competence.

UI MeSH Term Description Entries
D007406 Interview, Psychological A directed conversation aimed at eliciting information for psychiatric diagnosis, evaluation, treatment planning, etc. The interview may be conducted by a social worker or psychologist. Interview, Psychologic,Interviews, Psychological,Psychological Interview,Psychological Interviews,Interviews, Psychologic,Psychologic Interview,Psychologic Interviews
D007604 Juvenile Delinquency The antisocial acts of children or persons under age which are illegal or lawfully interpreted as constituting delinquency. Delinquency, Juvenile
D002648 Child A person 6 to 12 years of age. An individual 2 to 5 years old is CHILD, PRESCHOOL. Children
D002651 Child Advocacy Promotion and protection of the rights of children; frequently through a legal process. Advocacies, Child,Advocacy, Child,Child Advocacies
D002657 Child Development The continuous sequential physiological and psychological maturing of an individual from birth up to but not including ADOLESCENCE. Infant Development,Development, Child,Development, Infant
D003417 Criminal Psychology The branch of psychology which investigates the psychology of crime with particular reference to the personality factors of the criminal. Psychology, Criminal
D005555 Forensic Psychiatry Psychiatry in its legal aspects. This includes criminology, penology, commitment of mentally ill, the psychiatrist's role in compensation cases, the problems of releasing information to the court, and of expert testimony. Jurisprudence, Psychiatric,Psychiatric Jurisprudence,Psychiatry, Forensic
D006801 Humans Members of the species Homo sapiens. Homo sapiens,Man (Taxonomy),Human,Man, Modern,Modern Man
D014481 United States A country in NORTH AMERICA between CANADA and MEXICO.
D016743 Mental Competency The ability to understand the nature and effect of the act in which the individual is engaged. (From Black's Law Dictionary, 6th ed). Competency, Mental,Incompetency, Mental,Competence,Incompetence, Mental,Mental Competence,Competence, Mental,Mental Incompetence,Mental Incompetency

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