Criminal Forensic Psychology
In the forensic criminal arena, issues related to legal competencies are the focus of most requests for forensic psychological assessments. The 5th, 6th, 8th, and 14th Amendments are guaranteed, even to those accused of horrific crimes. In recent years, considerable attention has been given to crimes committed by juveniles. Depending on the state, juveniles of a specified age, having been charged with a predetermined specific crime, may be transferred to adult court, where adult penalties are imposed. Consequently, juveniles, despite their age and immaturity, are expected to be as competent as adults in understanding their rights and must be afforded the same constitutional protections as adults. (Some states allow appropriate developmental immaturity as a basis for incompetence.) Issues related to the comprehension of the rights to remain silent, to avoid making incriminating statements, and to be represented by an attorney serve as the basis for assessments of a defendant’s ability to make a valid waiver of Miranda rights. Defendants are entitled to be represented by an attorney in court, and such representation includes the ability to assist the attorney in defense strategy, to communicate rationally with the attorney, and to understand courtroom procedures. This requirement may result in questions regarding the ability of a defendant to be competent to stand trial. To be convicted of a crime, it must be established that, not only did the defendant commit the criminal act, but, at the time of the offense, he or she possessed the required mental state or misread necessary to be held culpable. Assessment of criminal responsibility represents a major area in which forensic psychologists may be asked to provide information to the court on matters of mental or emotional culpability, such as insanity or extreme mental or emotional disturbance. When a defendant has been found guilty of a capital offense, a sentencing phase of the trial is held. The jury is asked to decide whether he or she should be executed. Forensic psychologists may be retained to evaluate the defendant in terms of the presence or absence of aggravating and mitigating factors in capital cases. When accusations of child sexual abuse are made without physical supportive evidence or third-party witnesses, questions may be raised about the validity of the child’s report, forensic evaluations focusing on a number of criminal psycho legal issues are reviewed. Waiver of youths to adult court, competence of children to waive Miranda rights, and the competence of youths to stand trial are examined. In addition, the assessment of violence risk in juvenile offenders is discussed. The ability to make a knowing, intelligent, voluntary waiver of Miranda rights and issues and assessment methodology related to confessions that may be untruthful are detailed in this section.
Evaluations of fitness to stand trial and restoration of trial competence are the focus of another section. Legal issues and evaluation methodology related to criminal culpability is discussed, and sentencing in capital cases is presented. This section concludes with a chapter focusing on evaluating allegations of child sexual abuse.
Forensic Evaluation in Delinquency Cases The first juvenile court was established in Chicago in 1899, acknowledging, in part, that juveniles were not miniature adults, and that because of immaturity associated with age, their misguided “transgressions” should not be viewed nor treated as crimes. The goal of juvenile court—rehabilitation rather than punishment—was significantly different from that of adult court. However, the U.S. Supreme Court acknowledged in 1967 (In re Gault) that because juveniles are deprived of their freedom when placed in a youth facility, they are entitled to most of the constitutional protections afforded adults. It was recognized that youths may not be competent in a number of legal domains because of their immaturity. However, the courts tended to avoid addressing these issues because juveniles were not to be punished but, rather, rehabilitated. The 1990s appear to have brought these issues to a head. Juveniles currently arrested and charged with crimes may be exposed to a very different system of justice, one in which adult penalties apply. Attorneys representing juveniles can no longer look the other way, expecting the youth to receive help if sentenced. Instead, attorneys are obligated to ensure that their young clients are, in fact, competent to waive their Miranda rights and stand trial and meet all of the psycho legal competencies legally required of adults.
Thomas Grisso argues that the knowledge base and the development of forensic assessment instruments to evaluate the psycho legal competence of juveniles have lagged behind the development of other areas of forensic knowledge and practice. He presents a history of the juvenile justice system and describes general methods for evaluating juveniles, including personality and problem scales developed for delinquency cases. Legal standards and specialized assessment methodology needed to evaluate waivers to adult criminal court, competence to waive Miranda rights, and competence to stand trial are explained. Grisso reviews the current state of knowledge regarding the assessment of violent juvenile offenders and recidivism, and discusses actuarial methods, base rates, and methods and instruments. He concludes with a consideration of future advancements in forensic assessment in delinquency cases.
In the forensic criminal arena, issues related to legal competencies are the focus of most requests for forensic psychological assessments. The 5th, 6th, 8th, and 14th Amendments are guaranteed, even to those accused of horrific crimes. In recent years, considerable attention has been given to crimes committed by juveniles. Depending on the state, juveniles of a specified age, having been charged with a predetermined specific crime, may be transferred to adult court, where adult penalties are imposed. Consequently, juveniles, despite their age and immaturity, are expected to be as competent as adults in understanding their rights and must be afforded the same constitutional protections as adults. (Some states allow appropriate developmental immaturity as a basis for incompetence.) Issues related to the comprehension of the rights to remain silent, to avoid making incriminating statements, and to be represented by an attorney serve as the basis for assessments of a defendant’s ability to make a valid waiver of Miranda rights. Defendants are entitled to be represented by an attorney in court, and such representation includes the ability to assist the attorney in defense strategy, to communicate rationally with the attorney, and to understand courtroom procedures. This requirement may result in questions regarding the ability of a defendant to be competent to stand trial. To be convicted of a crime, it must be established that, not only did the defendant commit the criminal act, but, at the time of the offense, he or she possessed the required mental state or misread necessary to be held culpable. Assessment of criminal responsibility represents a major area in which forensic psychologists may be asked to provide information to the court on matters of mental or emotional culpability, such as insanity or extreme mental or emotional disturbance. When a defendant has been found guilty of a capital offense, a sentencing phase of the trial is held. The jury is asked to decide whether he or she should be executed. Forensic psychologists may be retained to evaluate the defendant in terms of the presence or absence of aggravating and mitigating factors in capital cases. When accusations of child sexual abuse are made without physical supportive evidence or third-party witnesses, questions may be raised about the validity of the child’s report, forensic evaluations focusing on a number of criminal psycho legal issues are reviewed. Waiver of youths to adult court, competence of children to waive Miranda rights, and the competence of youths to stand trial are examined. In addition, the assessment of violence risk in juvenile offenders is discussed. The ability to make a knowing, intelligent, voluntary waiver of Miranda rights and issues and assessment methodology related to confessions that may be untruthful are detailed in this section.
Evaluations of fitness to stand trial and restoration of trial competence are the focus of another section. Legal issues and evaluation methodology related to criminal culpability is discussed, and sentencing in capital cases is presented. This section concludes with a chapter focusing on evaluating allegations of child sexual abuse.
Forensic Evaluation in Delinquency Cases The first juvenile court was established in Chicago in 1899, acknowledging, in part, that juveniles were not miniature adults, and that because of immaturity associated with age, their misguided “transgressions” should not be viewed nor treated as crimes. The goal of juvenile court—rehabilitation rather than punishment—was significantly different from that of adult court. However, the U.S. Supreme Court acknowledged in 1967 (In re Gault) that because juveniles are deprived of their freedom when placed in a youth facility, they are entitled to most of the constitutional protections afforded adults. It was recognized that youths may not be competent in a number of legal domains because of their immaturity. However, the courts tended to avoid addressing these issues because juveniles were not to be punished but, rather, rehabilitated. The 1990s appear to have brought these issues to a head. Juveniles currently arrested and charged with crimes may be exposed to a very different system of justice, one in which adult penalties apply. Attorneys representing juveniles can no longer look the other way, expecting the youth to receive help if sentenced. Instead, attorneys are obligated to ensure that their young clients are, in fact, competent to waive their Miranda rights and stand trial and meet all of the psycho legal competencies legally required of adults.
Thomas Grisso argues that the knowledge base and the development of forensic assessment instruments to evaluate the psycho legal competence of juveniles have lagged behind the development of other areas of forensic knowledge and practice. He presents a history of the juvenile justice system and describes general methods for evaluating juveniles, including personality and problem scales developed for delinquency cases. Legal standards and specialized assessment methodology needed to evaluate waivers to adult criminal court, competence to waive Miranda rights, and competence to stand trial are explained. Grisso reviews the current state of knowledge regarding the assessment of violent juvenile offenders and recidivism, and discusses actuarial methods, base rates, and methods and instruments. He concludes with a consideration of future advancements in forensic assessment in delinquency cases.
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