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

• Date: 01 June 2020
• Published date: 01 June 2020
• Author: Madeline Herman,Kristyn Oravec,Frank R. Ezzo
• DOI: http://doi.org/10.1111/jfcj.12163

Juvenile Competency to Stand Trial:

A Systemic Look Under the Hood:

Reasonable Accommodations

By Frank R. Ezzo, Madeline Herman, and Kristyn Oravec

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 effec-

tively 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 psy-

chosocial development of juveniles in the socio-cultural context in which they live.

Key words: Juvenile competency, systems theory, reasonable accommodations.

The statutory criteria for evaluating juveniles’ competency to stand trial (JCST)

across the majority of jurisdictions in the United States is based on the U.S. Supreme

Court decision in a criminal case, Dusky v. United States (1960), later affirmed and refined

Frank R. Ezzo, Ph.D., ABPP, is board certified in Clinical Child and Adolescent Psychology and

Couple and Family Psychology. He was elected a Fellow in the American Psychological Association in 2013

and received the Distinguished Psychologist Award from the Ohio Psychological Association in 2012 for

dedication to advocacy for the best interest of Ohio children. In 2017 he received the Distinguished Service

Award from the American Psychological Association Division 43, Society for Couple and Family Psychol-

ogy. He was a cofounding board member of the Ohio Chapter of Family and Conciliation Courts. He has

worked in the private and public sectors and is semi-retired working part time at Psychological and Behav-

ioral Consultants.

Madeline Herman, M.A., received a Master of Arts degree in Clinical Psychology from Cleveland

State University in 2019 and is a doctoral student in Clinical Psychology at the University of Hartford with

an interest in juvenile forensic psychology.

Kristyn Oravec, M.A., received a Master of Arts degree in Clinical Psychology from Cleveland State

University in 2019 and is a doctoral student in Counseling Psychology at the University of Akron with an

interest in interpersonal violence in same-sex relationships.

Juvenile and Family Court Journal 71, No. 2

©2020 National Council of Juvenile and Family Court Judges

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