Juvenile Competency in Delinquency Hearing
The U.S. Supreme Court’s landmark decision, Dusky v. United States, 362 U.S. 402 (1960) and the Michigan appellate decision, In re Carey (2000), affirmed that “Juveniles have a due process right not to be subjected to the adjudicative phase of juvenile proceedings while incompetent.”
However, current Michigan Law does not address how courts are to determine whether a youth in the juvenile justiceis competent.
The Michigan Legislature is now considering a package of bills that would establish an age-appropriate definition for juvenile competency, set an age of presumed incompetence, identify qualifications for forensic examiners, and determine how to restore a child deemed incompetent.
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Adolescent Legal Competence in Court
Frequently Asked Questions
House Bills 4555, 4556
Senate Bills 246, 247