Question

FORENSIC PSYCHOLOGY

How does a forensic psychologist get involved in the juvenile court system? What is different about the role of the forensic psychologist in the juvenile system compared to the adult system?

Answer 1

The primary focus in juvenile court is to attempt to rehabilitate the juvenile. The forensic psychologist may work in many capacities within the juvenile court; such as a clinician may perform an evaluation; consult; determine risk; determine amenability to treatment and potential treatment options.  A common assessment when working with the juvenile population as a forensic psychologist is determining whether a juvenile should be tried in juvenile or adult court. There are a variety of factors that go into determining how a juvenile should be tried; however, there are three main factors that are considered when determining this; including the potential risk of dangerousness to the community; the level of sophistication and or maturity of the juvenile;  and the amenability to treatment.  Juveniles, particular adolescents are egocentric, impulsive and risk takers by nature. This is one of the reasons why mental illness is not diagnosed until the age of 18.  Even young adults through age 25 may not possess the maturity that a typical adult would have. In making their legal argument, they focus on four psychological variables that they believe are likely to differentiate adolescents from adults.

1.      Vulnerability to peer influence

2.      Degree of orientation toward the future (adolescents are posited to be more present-oriented than adults)

3.      Risk assessment and risk taking

4.      Impulsivity.

         A forensic psychology professional may be asked assist in determining whether a juvenile should be tried as an adult versus as a juvenile. “Kent vs. the United States (1966) established some factors in determining whether a juvenile should be tried in an adult court. Factors that the forensic psychology professional and the courts would consider include “The seriousness of the alleged offense; Whether the alleged offense was committed in an aggressive, violent, premeditated or willful manner; Whether the alleged offense was against persons or against property, greater weight being given to offenses against persons especially if personal injury resulted are some factors” (Caselaw, 2011).

Other factors that forensic psychology professional may examine is the maturity, emotional and developmental level and stage of the juvenile; attitude, environment, educational background, past criminal history, medical history, mental and overall physical health or disabilities, and the youths overall biopsychosocial, and educational background will be considered. The psychology professional will look at the likelihood of rehabilitation for the juvenile, in addition to offering potential treatments and other interventions that will aid in the rehabilitation and future of the juvenile.

The juvenile court system focuses more on the rehabilitation of juveniles and offers more sentencing options as compared to the adult criminal system. Some of these options keep youth out of jail and within the community, usually in community service, diversion, and counselling programs. There are variations between states, but generally:

• Juveniles are prosecuted for delinquent acts rather than crimes (unless it is a serious offence and the minor will be tried as an adult).
• Juveniles don’t have a right to a public trial by jury. Rather, a judge hears the evidence in an adjudication hearing and rules on whether the juvenile committed a delinquent act.
• If the juvenile is found to be delinquent, appropriate action in the form of rehabilitation will be taken. In the adult criminal system, the action is taken that is intended to punish the defendant.
• Juvenile courts are more informal than the adult court system and may have more lenient rules regarding courtroom procedure.

Though the two systems have several differences, there are some similarities. The most significant being that both systems retain many of the same rights, including:

• The right to an attorney
• The right to confront and cross-examine witnesses
• The privilege against self-incrimination
• The right to have notice of the charges
• There must be proof beyond a reasonable doubt for a guilty conviction