| Publication Date: | 2023 |
| Available Formats: | Print (248 pages, softcover, 1 volume) |
| Electronic (searchable PDF via flash drive, CD, or immediate download) | |
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| Online Publications Library: Access our full library of books online with universal search and links to primary law. |
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| Product #: | 975 |
“For attorneys representing such youth, recognition of developmental factors as they relate to guilt, amenability to intervention, risk, needs, context of acts at issue, and other questions of law is essential to the provision of an adequate defense. Further, consideration of the ways developmental and mental health factors may interact and magnify a youth’s deficits is necessary given the potential for life-altering negative consequences that may follow criminal prosecution, or even delinquency findings in juvenile court. Finally, beyond advocacy for clients, consideration of these developmental factors is a necessary antecedent to the fair administration of justice, making the content as relevant for prosecutors as defense counsel.”
– Jeffrey Aaron, Ph.D., Author
Adolescents can look like adults and sometimes act like adults. But they have biological, cognitive, and other developmental limitations in capacity that are central to resolving legal issues when they are charged with serious offenses. For attorneys who represent such youth, recognition of these developmental factors as they relate to guilt and amenability to intervention is essential to providing a successful defense. Consideration of these developmental factors is necessary to the fair administration of justice–preparation and advocacy truly can change the trajectory of a child’s life.
This book focuses on the needs of youth charged with serious offenses in both the juvenile and circuit courts. Developmental risks can often be compounded by mental health and substance use problems as well as by cognitive limitations often seen with minors who are charged with serious offenses. While providing information about adolescent development and psychological issues, the book also covers specific legal issues to assist attorneys to apply the available scientific knowledge and make the most effective use of evaluators and other professionals to help their young clients.
The book covers specific legal issues: transfer, mental health and developmental evidence at trial, and sentencing. These chapters reflect efforts to summarize relevant Virginia law on each topic, identify the relevant psychological constructs, and assist attorneys in considering how to approach these psycho-legal issues in ways that accurately and effectively apply the available scientific knowledge base. Attorneys can then consider the on-the-ground realities of the mental health and justice systems in the Commonwealth, including in treatment and evaluative contexts.
Chapters and Authors
About the Editors and Authors
Preface
CHAPTER 1: CHILD PSYCHOLOGY AND DEVELOPMENT
1.1 INTRODUCTION
1.2 CHILD DEVELOPMENT
1.201 General Stages of Childhood
1.202 Fetal
1.203 Infancy
1.204 Preschool or Early Childhood
1.205 Middle Childhood
1.206 Preadolescence or Late Childhood
1.3 PUBERTY
1.4 ADOLESCENCE
1.5 COGNITIVE DEVELOPMENT
1.6 MORAL DEVELOPMENT
1.7 BRAIN DEVELOPMENT DURING ADOLESCENCE
1.8 SPECIAL LEGAL ISSUES WITH DELINQUENT YOUTH
1.801 In General
1.802 Competency to Stand Trial
1.803 Culpability
1.804 Malleability or Amenability to Treatment
1.9 CONCLUSION
BIBLIOGRAPHY
CHAPTER 2: MENTAL HEALTH AND SUBSTANCE ABUSE
DISORDERS
2.1 INTRODUCTION
2.2 NEURODEVELOPMENTAL DISORDERS
2.201 Attention-Deficit Hyperactivity Disorder
2.202 Autism Spectrum Disorders
2.3 DISRUPTIVE BEHAVIOR DISORDERS
2.301 Oppositional Defiant Disorder
2.302 Conduct Disorder
2.4 MOOD DISORDE
2.401 Depressive Disorders
2.402 Bipolar Disorder
2.5 ANXIETY DISORDERS
2.501 General Anxiety Disorder
2.502 Specific Phobias
2.503 Panic Disorder
2.6 OBSESSIVE-COMPULSIVE DISORDER
2.7 TRAUMA AND STRESS-RELATED DISORDERS
2.701 Adjustment Disorder
2.702 Posttraumatic Stress Disorder
2.8 EFFECTS OF NEURODEVELOPMENTAL, MOOD, ANXIETY,
STRESS-RELATED, AND DISRUPTIVE BEHAVIOR
DISORDERS
2.9 EATING DISORDERS
2.901 Anorexia Nervosa
2.902 Bulimia Nervosa
2.10 REACTIVE ATTACHMENT DISORDER
2.11 SUBSTANCE USE DISORDERS
2.1101 The Continuum of Substance Use
2.1102 Common Drugs of Abuse During Adolescence
2.1103 Polysubstance Abuse
2.1104 Co-occurring Substance Use and Mental Health Disorders
2.12 ABUSED AND NEGLECTED CHILDREN
2.1201 Incidence and Prevalence of Child Maltreatment
2.1202 Child Maltreatment, PTSD, and Complex Trauma
2.1203 Child Maltreatment and Mental Health
2.1204 Child Maltreatment and Substance Abuse
2.1205 Child Maltreatment and Juvenile Delinquency
2.13 SPECIAL LEGAL ISSUES WITH DELINQUENT YOUTHS
2.1301 In General
2.1302 Competency to Stand Trial
2.1303 Culpability
2.1304 Amenability to Treatment
2.14 CONCLUSION
CHAPTER 3: PSYCHIATRIC COMMITMENT OF MINORS
3.1 INTRODUCTION
3.2 THE PSYCHIATRIC TREATMENT OF MINORS ACT
3.201 Jurisdiction and Definitions
3.202 Parental Admission of Minors Younger Than 14 and
Nonobjecting Minors 14 Years of Age or Older
3.203 Parental Admission of Objecting Minors 14 Years of Age or
Older
3.204 Issuance and Execution of Emergency Custody Orders
3.205 Involuntary Temporary Detention
3.206 Involuntary Civil Commitment
3.207 Mandatory Outpatient Treatment
3.208 Appeal of Commitment Order
3.3 A PRACTICAL ROADMAP
3.301 Participants in the Commitment Process
3.302 Process from Emergency Custody Order to Temporary
Detention Order
3.303 Process from Temporary Detention Order to Commitment
3.4 PREPARATION FOR THE COMMITMENT HEARING
3.401 General Preparation
3.402 Case Preparation—Obtaining Records
3.403 Case Preparation—Conducting Interviews
3.404 Case Preparation—Pre-Hearing Analysis
3.405 Additional Strategic Considerations
APPENDIX 3-1 ATTORNEY CHECKLIST FOR COMMITMENT
HEARINGS
APPENDIX 3-2 JUVENILE CIVIL COMMITMENT PROCEEDINGS:
DISTRICT COURT FORMS
DC-511 Petition
DC-512 Notice of Hearing
DC-513 Advisement and Request for Appointment of Counsel
DC-514 Order for Appointment of Guardian Ad Litem
DC-518 Transfer/Retention Order
DC-520 Certification of Juvenile Felony Charge
DC-522 Order for Evaluation to Determine Competence to Stand
Trial—Juvenile
DC-523 Order for Provision of Restoration Services to Incompetent
Juvenile
DC-526 Emergency Removal Order
DC-572 Juvenile Commitment Order
DC-575 Juvenile Case Appeal/Transfer Transmittal
DC-581 Notice of Appeal—Juvenile Civil Appeals
DC-592 Emergency Custody Order—Juvenile
DC-594 Temporary Detention Order—Judge (Juvenile)
DC-597 Order for Inpatient Treatment—Admission by Parental
Consent
DC-598 Order for Involuntary Commitment for Inpatient Treatment—
Minor
DC-599 Order for Involuntary Admission to Mandatory Outpatient
Treatment—Juvenile
DC-895 Temporary Detention Order—Magistrate (Juvenile)
DC-4000 Order for Alternative Transportation Provider
DC-5008 Order of Appointment of Evaluator—Evaluation for
Involuntary Treatment
DC-5017 Order—Continue Mandatory Outpatient Treatment
Order
APPENDIX 3-3 SUMMARY OF PSYCHIATRIC COMMITMENT OF
MINORS
CHAPTER 4: TRANSFER OR WAIVER OF CASES FROM JUVENILE
TO CIRCUIT COURT
4.1 IN GENERAL
4.2 PROVISIONS FOR CERTIFICATION AND TRANSFER
4.201 Mandatory Certification
4.202 Prosecutorial Discretion
4.203 Judicial Transfer
4.204 Voluntary Waiver
4.3 PROCESSES AND PROCEDURES FOLLOWING THE
CERTIFICATION OR TRANSFER DETERMINATION
4.4 OTHER RELEVANT PROVISIONS OF THE VIRGINIA CODE
4.401 Competency to Stand Trial
4.402 Insanity Defense Not Available
4.403 Serious Juvenile Offender
4.5 RELEVANT PSYCHOLOGICAL AND DEVELOPMENTAL
ISSUES
4.6 CULPABILITY AND AMENABILITY TO INTERVENTION
4.7 COMPARISON OF TWO SYSTEMS TO OFFER APPROPRIATE
INTERVENTIONS AND MITIGATE FUTURE SAFETY AND RISK
CONCERNS
4.8 THE EFFECTS OF TRANSFER ON RECIDIVISM
CHAPTER 5: SPECIFIC INTENT IN ADOLESCENTS
5.1 OVERVIEW
5.2 NOTICE REQUIRED
5.3 THE PREDICATE CONDITIONS
5.4 MENTAL ILLNESS
5.401 Definition
5.402 Description and Identification
5.5 INTELLECTUAL AND DEVELOPMENTAL DISABILITY
5.501 Definition
5.502 Description and Identification
5.6 AUTISM SPECTRUM DISORDER
5.601 Definition
5.602 Description and Identification
5.7 THE CONNECTION BETWEEN THE CONDITION AND
FORMATION OF INTENT
5.8 OBTAINING HISTORICAL INFORMATION
5.9 IDENTIFYING THE CONDITIONS
5.10 ADOLESCENCE AND SPECIFIC INTENT
5.11 CONSIDERATIONS FOR EXPERT ASSISTANCE
5.12 CONSIDERATIONS UNDER CURRENT CASE LAW
5.1201 Overview
5.1202 Virginia Court of Appeals
5.1203 Circuit Court Cases
5.1204 No Mandated Mental Health Treatment
5.1205 Statutory Changes
5.13 CONCLUSION
CHAPTER 6: SENTENCING OF ADOLESCENTS IN CIRCUIT
COURT
6.1 REVIEW OF SENTENCING OPTIONS FOR JUVENILES
CONVICTED IN CIRCUIT COURT
6.2 THE PROBATION SOCIAL HISTORY REPORT
6.3 CLINICAL ASSESSMENT
6.301 Reports to All Parties
6.302 Court-Appointed Evaluations for the Defense
6.4 RELEVANT PSYCHOLOGICAL AND DEVELOPMENTAL
ISSUES
6.5 OTHER CONSIDERATIONS RELEVANT TO SENTENCING
6.501 The Meaning of the Prior Decision to Certify or Transfer
6.502 The Meaning of the Finding of Trial Competency Before the
Decision to Certify or Transfer
6.503 Blended Sentencing Options
6.504 The Need for Adequate Developmental Understanding
6.6 THE QUESTION OF THE BEST INTEREST OF THE CHILD
CHAPTER 7: EXPERT ASSISTANCE
7.1 EXPERT EVALUATION AND CONSULTATION
7.2 OBTAINING EXPERT ASSISTANCE
7.3 STRUCTURING THE ASSESSMENT
7.301 Scope and Content of the Inquiry
7.302 Addressing the Alleged Offense
7.303 Audience for the Report
7.4 OBTAINING RELEVANT INFORMATION AND PROVIDING
MATERIALS AND ACCESS TO THE EVALUATOR
7.5 PREPARING FOR TESTIMONY
7.6 CONCLUDING THOUGHTS
TABLE OF AUTHORITIES
INDEX
Jeffrey Aaron, Ph.D., Virginia Department of Behavioral Health and Developmental Services, Richmond.
Jeffrey Aaron, Ph.D., author of Chapters 3, 4, 5, 6, and 7, is a clinical and forensic psychologist. Currently the Juvenile Justice and Behavioral Health Program Manager for the Virginia Department of Behavioral Health and Developmental Services, he previously spent almost 18 years at the Commonwealth Center for Children and Adolescents (CCCA), Virginia’s only public psychiatric hospital for children and adolescents, in clinical roles and as
the hospital’s director. Dr. Aaron is Assistant Clinical Professor of Psychiatry and Neurobehavioral Sciences at the University of Virginia Medical School and associate faculty at the Institute of Law, Psychiatry and Public Policy.
Dr. Aaron has published in the areas of coping with stress, trauma, and forensic psychological evaluation, provided invited testimony before the Virginia House and Senate, and presented across the country on topics including forensic mental health evaluation, adolescent development and legal decision-making, coping with traumatic loss, and clinical assessment of children and adolescents. He also has a private practice in which he conducts forensic psychological evaluations of adolescents and adults, and he has served as an expert witness in juvenile and circuit courts across Virginia. Areas of forensic specialization include evaluation of confessions, mitigation, posttraumatic stress, and juvenile justice. He is actively involved in training public safety officers to have better understanding of and interactions with youth.
Jordan L. Kerere, University of Virginia, Charlottesville.
Jordan L. Kerere, co-author of Chapters 1 and 2, is a Ph.D. student at the University of Virginia pursuing a Ph.D. in Clinical and School Psychology. During her time as an undergraduate pursuing a B.A. in Psychology and a Minor in Russian Language and Literature at the University of Virginia, Ms. Kerere was an intern and research assistant at the University of Virginia’s Institute of Law, Psychiatry and Public Policy, an interdisciplinary program in mental health law, forensic psychiatry, forensic psychology, and neuropsychology. Her current research focuses on the relationship between bullying and risk-taking behaviors, and attempted violence in schools following a threat assessment, and she is a contributing researcher for the Youth Violence Project for the University of Virginia School of Education and Human Development. She is an emerging researcher, with a peer-reviewed scientific study and other scholarly work.
Daniel C. Murrie, Ph.D., University of Virginia Institute of Law, Psychiatry and Public Policy, Charlottesville.
Dr. Daniel C. Murrie, co-author of Chapters 1 and 2, is an Associate Director at the University of Virginia’s Institute of Law, Psychiatry and Public Policy (ILPPP), an interdisciplinary program in mental health law, forensic psychiatry, forensic psychology, and neuropsychology. Institute activities include academic programs, forensic clinical evaluations, professional training, research, and public policy consultation and review. Dr. Murrie is also a Professor in the Department of Psychiatry and Neurobehavioral Sciences at the University of Virginia School of Medicine.
Dr. Murrie’s duties at the ILPPP involve training Virginia clinicians to perform forensic evaluations and supervising the ILPPP’s psychiatric, post-doctoral, and practicum trainees. Within the ILPPP’s forensic clinic, he performs criminal and civil forensic psychological evaluations of juveniles and adults. As a researcher, Dr. Murrie has published works in over 60 peer-reviewed scientific studies and three books on topics related to forensic psychological assessment and juvenile justice. Much of his current work addresses bias and quality control in forensic evaluations.
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