• 2005 56pp paperback ISBN: 9781568870977
In recent years, attorneys and judges increasingly have
referred youths for clinical evaluations of their competence to stand
trial, both in juvenile and criminal court. This book is the first guide
to assist legal professionals in understanding how these evaluations
can be performed by forensic mental health professionals so that they
can provide legally relevant information for judicial decisions and
offer a developmental psychological perspective that makes such
evaluations different when performed with juveniles as opposed to
adults. The guide's approach is consistent with nearly a decade of legal
and psychological research on juveniles' capacities as trial
defendants, conducted by the John D. and Catherine T. MacArthur Research
Network on Adolescent Development and Juvenile Justice. Brief sections
describe the current state of laws pertaining to juveniles' competence
to stand trial, a developmental perspective on the question, the
specific methods that mental health professionals can employ when
performing such evaluations with juveniles, and ways to use and
challenge the results of their evaluations.
The guide's concepts and methods parallel a companion volume for forensic clinicians, Evaluating Juveniles Adjudicative Competence: A Guide for Clinical Practice,
in a way that offers the potential for a consensual, cross-disciplinary
understanding of the legal, clinical, and developmental issues involved
in the process of decision-making about juveniles' competence as trial
defendants.
Introduction
The Problem
The Purpose of This Guide
Part I - The Legal Standard and Process:
What Is the Legal Standard?
What Is the Legal Process?
Raising the Question
Ordering the Evaluation
Course of the Evaluation
Hearing on Competence
Disposition for Finding of Incompetence
Part II - Taking a Developmental Perspective
What Mental Disorders Are Relevant?
What Is Meant By "Immaturity" as a Threat to Competence?
Does Immaturity Make a Difference?
What Is Different About Evaluating Youths' Competence to Stand Trial?
Part III - Understanding Clinicians' Evaluations
The Referral
Raising the Question
Identifying the Examiner
Specifying the Referral Question
Examiner's Preparation for the Evaluation
Course of Evaluations
Notifying Defense Counsel
Seeking Information From Defense Counsel
Defense Counsel's Option to Attend the Evaluation Interviews
Notifying the Caretaker and the Youth
Evaluating Youths' Clinical and Developmental History and Status
Historical Information
Current Status Information
Psychological Testing
Feigning Symptoms or Deficits in Abilities ("Malingering")
Evaluating Youths' Competency Abilities
Types of Abilities Requiring Assessment
Exploring "Capacity" to Understand and Appreciate
Decision-Making Abilities
Structured "Tests" of Competence to Stand Trial Abilities
Part IV - Using Clinicians' Opinions
Examiners' Reports and Opinions
The Nature of the Examiner's Explanations
The Examiner's Opinion About Competence
Mental Disorders and Disabilities and Their Implications for Competence
Mental Retardation
Attention-Deficit/Hyperactivity Disorder
Mood Disorders
Anxiety Disorders
Thought Disorders
Developmental Immaturity and Its Implications for Competence
Responses to Findings of Incompetence
Incompetence Due to Mental Disorder
Incompetence Due to Developmental Immaturity or Mental Retardation
In Closing
About the Author
Thomas Grisso, PhD, ABPP, is Professor of Psychiatry, Director of
Psychology, and Director of the Law and Psychiatry Program at the
University of Massachusetts Medical School. His research, teaching, and
clinical practice during the past 35 years have focused on legal
competencies, forensic clinical evaluations, and developmental
psychology applied to juvenile legal issues. He has authored or
co-authored numerous books and evaluation instruments on juvenile
forensic issues, including the following titles published by
Professional Resource Press: Forensic Evaluation of Juveniles (1998), Evaluating Juveniles Adjudicative Competence: A Guide for Clinical Practice (2005), Miranda Rights Comprehension Instruments (MRCI) (2012), Forensic Evaluation of Juveniles - Second Edition (2013). The present
work is a product of the collaborative efforts of the members of the
John D. and Catherine T. MacArthur Research Network on Adolescent
Development and Juvenile Justice, for which Dr. Grisso directed a
research project on juveniles' adjudicative competence. Dr. Grisso is Executive Director of the American Board of Forensic
Psychology, and has authored a number of texts on forensic evaluations.
His research and writing to support the quality of mental health
professionals' evaluations for courts have been recognized by
distinguished contribution awards from the American Psychological
Association, the American Board of Professional Psychology,
and the Isaac Ray Award from the American
Psychiatric Association.
