delays and emotional immaturity. This can happen, even though one may be intellectually sound. However, assisting counsel requires more than being able to watch, listen, and communicate. The defendant must also see his or her attorney as someone with whom discussions about the events are meaningful. Many misconceptions arise from this. For example, one study asked a group of kids why defendants must be truthful with their lawyers. About one third of them believed that this was necessary so that the lawyer could decide whether or not “to advocate the defendants interests, to report the defendants guilt to the court, or decide whether to let him go or send him up.” It is reasonable to imagine why some youths have these misconceptions. For some of them, past experience with adults in authority gives no reason for them to believe that an adult in a professional role would take their side against other adults.Many cases have occurred where the question of competency of a defendant has been questioned. For example, “Dusky v. U.S., 362 U.S. 402 (1982). At age 14, Jimmy was charged with second-degree murder. Under a new state law, juvenile courts could not preside over murder cases, and so Jimmy was charged in adult criminal court and given public counsel.As Jimmy's attorney began to investigate the case, she found that the evidence against Jimmy was less than conclusive. For example, the witness who identified Jimmy had been drinking and saw the event only from a distance in poor light. When he was arrested, Jimmy initially told police officers he wasn't there; after considerable questioning, he tearfully said, "I did it-I want to go home," at which point his mother insisted the officers stop questioning Jimmy because he looked ill.Upon visiting Jimmy at the juvenile detention center, the attorney's hopes of getting a more complete story quickly evaporated. Although Jimmy was 14, he acted much younger. It took a lo...
