Juvie

Question 1

When did the courts start to treat juvies as delinquent instead of guilty?

Answer 1

1899-1965. The concepts of adolescence, developmental state, and rehabilitation arose via the lens of parens patriae.

Question 2

What were the two reforms that arose after people were disillusioned by the juvie justice system?

Answer 2

1965-1995.

• Rights Reform: Stemmed from Kent 1966 (transfer/waive to adult court), which was followed by In re Gault 1967 (due process to youths throughout the adjudication process)
• Responsibility Reform: late 80s. Sudden onset of violent offenses by juvies. Reduced emphasis on restorative justice, and more punitive. Age limits lowered. Expanded charges against kids, so more of them could be sent to adult criminal court.

Question 3

What kind of evals did MH first do in the juvie eval?

Answer 3

Dispositional recommendations

Most common referral q’s in these delinquency evals are:

1) Pretrial to assess need for emergent MH intervention
2) Posttrial for a dispositional decision about appropriate intervention

i.e., characteristics (personality, family factors, mental/cog probs, delinquency hx), bx to change to reduce recidivism, interventions to use, likelihood of change

Question 4

As a result of juvie forensic evals proliferating 2000 to present, what kind of referrals should we expect?

Answer 4

Miranda, risk for pre- and post-trial detainment, tx amenability (waiver/transfer), CST

Question 5

What are some common psych testing measures and FAIs with this population?

Answer 5

• Intellectual fx
• MMPI-A, MACI, PAI
• Achenbach System of Empirically Based Assessment
• Structured Assessment of Violence Risk in Youth
• YLS/CMI
• EARL-20B (early assessment risk list), Global Appraisal of Individual Needs, MA Youth Screening Instrument
• Juvie S.O. Assessment Protocol-II (JSOAP-II), Estimate of Risk of Adolescent Sexual Offense Recidivism (ERASOR)
• Family Environment Scale, Family Adaptability and Cohesion Eval Series

Question 6

What are some risk factors related to future violence or nonviolent reoffending in juvies?

Answer 6

Note: None are highly predictive.

• Past bx (earler onset)
• School problems
• AOD
• Personality: anger, impulsiveness, risk-taking/sensation taking, lack of empathy
• Mental disorder: mood do, ADHD, PTSD
• Family conflict (modeling of agg and crim by parents)
• Agg peers/poor neighborhoods
• Opportunity (Access to weapons and target of conflict)

Question 7

What are the 3 components/elements we address in waiver/transfer evals?

Answer 7

1) Represent a significant risk of harm to others (public safety standard)
2) Very unlikely to rehab-ed if held in juvie justice (unamenable to rehab standard)
3) Mature criminal characteristics (sophistication and maturity standard)

Question 8

What is the competency standard for juvies?

Answer 8

Dusky - although courts don’t comment on degree of abilities required, ITP due to age/dvpt, dispo of ITPs

Include:

• Understanding and appreciation of charges + poss consequences, role of courtroom personnel
• Ability to consult with counsel/communicate
• Ability to make decisions re: waiving constitutional rights

16-17yo similar abilities/deficits/ITP rates to adults

Question 9

What FAIs do we have to assess comp with juvies?

Answer 9

JACI
FIT-R
MacCAT-CA

Question 10

What is the Miranda standard for juvies?

Answer 10

Same as adults. Age (maturity) and intelligence are significant correlates of miranda fx

• Origin in In re Gault. Also see Fare v. Michael C.

Question 11

What FAIs are available for Miranda evals with juvies?

Answer 11

• Instruments for Assessing Understanding and Appreciation of Miranda Rights
• Miranda Rights Comprehension Instruments