Clinicolegal Issues for the Forensic Examiner (From Juvenile Homicide, P 115-141, 1989, Elisa P Benedek and Dewey G Cornell, eds. -- See NCJ-123947)

• NCJ Number: 123952
• Author(s): G B Leong
• Date Published: 1989
• Length: 27 pages
• Sale Source: American Psychiatric Press, Inc
• Publication Type: Training (Aid/Material)
• Language: English
• Country: United States of America

Annotation

This overview of psychiatric-legal issues applicable to juveniles charged with homicide covers competency to waive Miranda rights, juvenile waiver into adult court, competency to stand trial, the infancy defense, criminal responsibility tests, and psychiatric participation in capital cases.

Abstract

In the evaluation of minors for competency to waiver Miranda rights, the forensic clinician should consider all biopsychosocial factors, including age, intelligence, cognitive development, school achievement, prior judicial experience, and the presence of mental illness. Factors in determining whether to grant a juvenile waiver to adult court include prior record, character, maturity, lifestyle, offense seriousness, responsiveness to and availability of rehabilitation programs, and public protection. Criteria for competence to stand trial encompass age, intelligence, school achievement, prior court experience demeanor in contacts with counsel, and the presence of mental illness. In determining whether a juvenile is criminally responsible for a homicide, factors include intelligence, cognitive development, prior legal experience, moral development, and the presence of mental illness. The major issue involving psychiatric participation in capital cases pertains to mitigating factors introduced at sentencing. 31 references.