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  • 5 - Assessing children's competence to stand trial and to waive Miranda rights: new directions for legal and medical decision-making in juvenile courts

    • By Thomas F. Geraghty, Director of the Blum Legal Clinic, Northwestern University School of Law 357 E. Chicago Avenue Chicago, IL 60611-8576 USA, Louis J. Kraus, Womans Board Professor of Child and Adolescent Psychiatry and Chief Department of Child and Adolescent Psychiatry, Rush University Medical Center Marshal Field IV Building 1720 West Polk Street Chicago, IL 60612 USA, Peter Fink, Assistant Professor of Psychiatry, Rush University Medical Center Marshall Field IV Building 1720 West Polk Street Chicago, IL 60612 USA
  • Edited by Carol L. Kessler, Columbia University, New York, Louis James Kraus, Rush University, Chicago
  • Book:
    The Mental Health Needs of Young Offenders
    Published online:
    11 August 2009
    Print publication:
    06 September 2007, pp 79-121

  • Summary

    This chapter begins with an overview of the history of the law relevant to the issues of a child's competence to stand trial. It discusses the legal and medical frameworks for assessing a child's competence to stand trial. The chapter analyzes the legal and medical frameworks and methodologies for assessing a child's competence to waive Miranda rights. It turns to the methods by which lawyers and medical personnel evaluate a child's competence in these areas. These assessments play a central role in determining the admissibility into evidence of children's statements to law enforcement. The chapter includes a section on the interactions and relationships between the judges, lawyers, and medical experts who participate in the assessment process and in the process of adjudicating competence to stand trial and children's capacity to make a knowing, intelligent waiver of Miranda warnings. The issues are of central importance to the juvenile court's adjudicative process.