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2004

Law Faculty Publications

Adjudicative competence

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Full-Text Articles in Law

The Ethical Perils Of Representing The Juvenile Defendant Who May Be Incompetent, Adrienne E. Volenik Jan 2004

The Ethical Perils Of Representing The Juvenile Defendant Who May Be Incompetent, Adrienne E. Volenik

Law Faculty Publications

This Article examines questions likely to arise with respect to these interests when an attorney suspects his or her juvenile client may be incompetent. Part I reviews the doctrine of adjudicative competence in the context of adult criminal proceedings. Part II summarizes the newly evolved application of the doctrine in juvenile court. Part III examines the ethical, legal, and practical considerations that arise when a lawyer has concerns about whether a juvenile client possesses the competence needed to participate appropriately in juvenile court proceedings.