Utah and Juvenile Incompetency

Dannon Lee

Abstract


Juvenile courts around the country are considering what should be done if a minor is incompetent to stand trial. The Utah legislature considered this is this issue last year and enacted a law addressing it that went into effect in May 2012.1 The law gives juvenile courts a roadmap to follow when determining a minor's competency,2 however, the law has some flaws that could create problems in the future. Some states have addressed these flaws, while others have not.3 Incompetency has always proven to be a difficult problem for the judicial and legislative branches to solve.

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