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Thus, a juvenile-specific evaluation is mandated and the evaluation must be performed by someone with juvenile-specific experience (which was not necessarily the case for the initial evaluation of K.G. In Indiana, based upon the facts presented). Virginia law also provides strict guidelines regarding how the evaluation must be performed.
After the evaluation, the court makes a decision as to whether the juvenile is competent to stand trial. The juvenile's attorney, pursuant to Virginia § 16.1-357 B. can also request a hearing regarding the issue of competency. "If a hearing is held, the party alleging that the juvenile is incompetent shall bear the burden of proving by a preponderance of the evidence the juvenile's incompetency. The juvenile shall have the right to notice of the hearing and the right to personally participate in and introduce evidence at the hearing" (LIS -- Code of Virginia). If the juvenile is found competent based upon the hearing, under 16.1-356, he may still make...
However, according to the law, the juvenile's age; his claim to be unable to remember or his claim to be under influence of medication cannot be used as the sole factors to determine his state of incompetency and to deny the initial findings of the court. These juvenile-specific procedures and guidelines regarding competency would have established K.G.'s incompetency without the need for additional legal action by the appellate and Supreme Court in Indiana but Indiana's juvenile laws did not contain such clear procedural guidelines.
References
LIS -- Code of Virginia. Retrieved:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+16.1-356
Sirkin, J. (2005). Juvenile competence to stand trial: Alleged juvenile delinquents in Indiana are not subject to the adult competency statute. Journal of the American Academy of Psychiatry and the Law, 33(2), 267-268. Retrieved:
http://www.jaapl.org/cgi/content/full/33/2/267
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