NCJ Number
183893
Journal
Journal of Forensic Sciences Volume: 44 Issue: 6 Dated: November 1999 Pages: 1199-1203
Date Published
November 1999
Length
5 pages
Annotation
Ever younger violent offenders are being transferred from juvenile courts to adult criminal courts; this article reviews legislation associated with the transfer of jurisdiction and the evaluation of juvenile amenability by a forensic examiner.
Abstract
In California, a State which uses judicial and presumptive waivers, certain juvenile offenders (as a result of their age and alleged crime) are presumed to be "unfit" for juvenile court. The juvenile may, however, attempt to rebut that presumption at a "fitness hearing" and, if successful, remain in the juvenile court's jurisdiction. To do so, the juvenile must demonstrate through the results of a forensic evaluation (and/or probation officer's report) that he/she is "fit" by a preponderance of the evidence on five nonweighted criteria. These are the degree of criminal sophistication exhibited by the minor, whether the minor can be rehabilitated prior to the expiration of the juvenile court's jurisdiction, the minor's previous delinquent history, the success of previous attempts by the juvenile court to rehabilitate the minor, and the circumstances and gravity of the offense alleged in the petition to have been committed by the minor. In addressing the five criteria of fitness or amenability, a great deal of information can be found in the reports from law enforcement records. Rather than relying on documents alone, when feasible, the forensic examiner should interview the juvenile's family, probation officer, therapist, doctor, teacher, employer, and counselors at prior placements. At the end of the evaluation process, the forensic examiner must be able to present the court with an opinion as to the minor's fitness or amenability on each criterion. If the forensic examiner concludes that the juvenile is amenable to rehabilitation, he/she may then identify all treatment needs and offer specific recommendations regarding what type of program would be most effective for the particular minor. 26 references