What is the criteria for determining a juvenile's capacity to stand trial?
In California, the criteria for determining a juvenile’s capacity to stand trial is based on the juvenile’s mental and emotional development. This is to determine whether or not the juvenile is capable of understanding the proceedings and actively participate in his or her defense. Generally, a juvenile’s capacity to stand trial is determined by evaluating their ability to understand the charges, the court process, the hearings, the laws and the consequences of their actions. Juveniles must also be able to understand the possible penalties they could face and how to appropriately act with their counsel. To make a determination, a juvenile must be evaluated by two qualified professionals, usually a psychologist or psychiatrist. These professionals will assess the juvenile’s understanding of the charges and the court process, as well as their ability to assist their counsel in their defense. The professionals will also evaluate the juvenile’s psychological and behavioral development, as well as their level of maturity. The court will review the assessment and decide whether or not the juvenile is able to understand the basics of the proceedings and can actively and intelligently participate in his or her own defense. If the court rules that the juvenile does not meet the criteria for standing trial, the court will consider alternative courses of action. These may include remanding the juvenile’s case to a juvenile court, transferring jurisdiction to an adult court, or dismissing the charges altogether.
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