Abstract
This Note discusses the recent Utah law and the issues it creates, focusing on where to place minors during the attainment period and what should be done if the minor is not able to achieve competency. This Note examines whether committing the minor during attainment accords with due process as well as the real possibility that detention will be used as a placement during the attainment period. Next, it looks to what other states have done when a minor cannot achieve competency and how Utah handles similar situations with adults. Finally, this Note addresses some possible areas of improvement that the Utah legislature should consider, including outpatient treatment, the permanency of commitment, retrying incompetent minors, dealing with repeat offenders, and the possibility of a uniform statute.
Recommended Citation
Lee, Dannon
(2013)
"Utah and Juvenile Incompetency,"
Utah Law Review: Vol. 2013:
No.
4, Article 8.
Available at:
https://dc.law.utah.edu/ulr/vol2013/iss4/8