NCJ Number
133542
Date Published
1992
Length
7 pages
Annotation
A psychiatrist asked to examine a juvenile regarding the suitability of treating the youth in the juvenile justice system has a major influence over whether the youth remains in juvenile court or is transferred to a criminal court. The psychiatrist therefore should prepare a report that thoroughly presents the child's development, history, and clinical presentation.
Abstract
The eligibility of a youth for juvenile court waiver is usually determined by age and the nature of the offense. Courts then usually determine whether other factors listed in the State law are present. The two main steps are a hearing to establish probable cause that the offense occurred and that the youth under consideration committed the offense and a hearing on the criteria for transfer. In responding to the court, the mental health report must address all relevent clinical issues pertaining to the youth's treatability and dangerousness. Treatment plans should be as specific as possible to aid the judicial decisionmaking. Clinicians must also analyze the cognitive, affective, or situational factors involved in the individual's violent acts, while recognizing both the low accuracy of predictions of dangerousness and the frequency with which juvenile offenders deny the allegations. Parts of the evaluation should also focus on whether the adolescent is competent to stand trial as an adult and on any mental health factors relevant to the offense. 7 references