Preparing for Transfer and Amenability Hearings

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1 Preparing for Transfer and Amenability Hearings PRESENTED BY: CHARLYN BOHLAND & KATHERINE SATO THE OFFICE OF THE OHIO PUBLIC DEFENDER DR. ANTOINETTE KAVANAUGH, FORENSIC CLINICAL PSYCHOLOGIST NJDC LEADERSHIP SUMMIT OCTOBER 28, 2016

2 The plan for our session 1. Kent v. U.S. framework 2. Factors to consider in making an amenability determination 3. Records to collect and witnesses to interview 4. Identifying and communicating with your expert clinician 5. Understanding the evaluation 6. Case study: Ronnie Miller 2

3 Kent v. U.S. 16-year-old Morris Kent charged with rape and robbery Defense counsel requested: 1. That Morris be kept in juvenile court and placed under psychiatric observation 2. Access to Morris s probation file NOPE. Juvenile Court waived jurisdiction No hearing; no reasons SCOTUS Waiver is a critically important decision and due process is required 3

Prosecutive Merit Are juvenile s associates in the offense adults?

4 Factors to be Considered Nature of the Crime (aggressive, violent, premeditated, willful)? Was offense against people (especially if personal injury involved) vs. property? Prosecutive Merit Are juvenile s associates in the offense adults? Sophistication, maturity and/or age of juvenile Previous contact with the court Potential for rehabilitation Protection of the public Previous rehabilitation attempts Is transfer in the best interest of the juvenile or public? Culpability of juvenile Kent v. U.S. CA FL SC PA

5 Factors to be Considered Nature of the Crime (aggressive, violent, premeditated, willful)? Was offense against people (especially if personal injury involved) vs. property? Prosecutive Merit Are juvenile s associates in the offense adults? Sophistication, maturity and/or age of juvenile Previous contact with the court Potential for rehabilitation Protection of the public Previous rehabilitation attempts Is transfer in the best interest of the juvenile or public? Culpability of juvenile Kent v. U.S. GA OH KS IN LA

6 WHERE DO WE START? 6

7 Where do we start? What else do we want to know? Records? Witnesses? Interviews? Independent expert evaluation? 7

8 Identifying and Collecting Records Importance of record collection Basics of record collection Types of records to collect? 8

9 What do we do with records collected? Careful review Source for additional records and witnesses Provide to evaluator Incorporate into amenability hearing 9

10 Identifying Witnesses Who would you like to speak with when preparing for an amenability/bindover/ transfer hearing? 10

11 Interviewing Witnesses Topics to Cover Pre-natal/developmental history Childhood Adolescence Family and social relationships Medical/mental health/ substance abuse history Education/ID/DD/ADHD/IEP Prior legal involvement Family background (generational patterns) Offense/stressors preceding offense Positive, productive aspects of client Prior placements (detention, psychiatric facility, DYS, etc.) Opportunities for rehabilitation Other topics? 11

12 Using an Investigator Investigators employed by your agency Law clerks/interns Outside investigators 12

13 Expert Evaluations From a clinician s perspective: a lawyer wants a clinician who... What does the evaluation consist of? Possible Tests/Instruments Sections of the Report Resources for You 13

14 From a Clinician s Perspective: A lawyer wants a clinician who... Understands the difference between a forensic and therapeutic assessment. Who routinely evaluates juveniles for a legal issue. Who understands the legal issue at hand. Who understands the relevant research. 14

15 What does the evaluation consist of? Review of Relevant Records Clinical Interviews Youth Caregiver/Guardian Psychological/Forensic Tests/Instruments Collateral Interviews 15

16 Possible Tests/Instruments Tests of Cognitive Abilities Objective Measure of Personality and Mental Health MMPI-A-RF PAI-I Risk Assessment 16

17 Risk-Sophistication-Treatment Inventory (RSTI) [IMAGE REMOVED] 17

18 Structured Assessment of Violence Risk in Youth (SAVRY) [IMAGE REMOVED] 18

19 THE REPORT 19

20 Sections of the Report Reason for Evaluation Evaluation Techniques Explanation of Report Structure Review of Relevant Records Relevant Interview Information Collateral Contacts Mental Status and Behavioral Observations Testing and Instrument Data Clinical Opinion 20

21 Case Study: Ronnie Miller Age: 16 Offenses: 3 x aggravated robbery, felonious assaults, firearm specifications Participated with other boys in offenses where two people were shot during weekend crime spree Ronnie didn t possess the gun Never been in trouble before (jaywalking violation) Dad died of cancer 3 weeks before offenses Did OK in school and was excellent athlete History of AND services, lead poisoning Stipulated to probable cause Mother died of renal failure just a couple weeks after PC hearing He had a supportive aunt 21

22 Your turn! Group A Group B 1. What records would you look for? 1. Who do you want to interview? 2. What are the difficult parts of Ronnie s evaluation (i.e., pieces of information that may weigh against his amenability?) 2. What are the helpful parts of the evaluation (i.e., pieces of information that may show he is amenable to treatment in the juvenile system)? 3. What questions would you ask the evaluator to diminish the importance of or explain the difficult information? 3. What questions would you ask the evaluator to strengthen the importance of this helpful information? 22

23 Resources for YOU 23

24 American Psychologist Specialty Guidelines for Forensic Psychology [IMAGE REMOVED] January 2013 Vol. 68, No. 1, 7 19 DOI: /a

25 American Academy of Psychiatry and the Law Ethics Guidelines for the Practice of Forensic Psychiatry [IMAGE REMOVED] Adopted May, 2005 January 2013 American Psychologist Vol. 68, No. 1, 7 19 DOI: /a

26 Diagnostic and Statistical Manual of Mental Disorders Fifth Edition (DSM-5) 26 [IMAGE REMOVED]

27 Forensic Evaluation of Juveniles Second Edition (Thomas Grisso) Table of Contents Chapter 1: Preparing for Evaluations in Delinquency Cases Chapter 2: Juveniles Waiver of Miranda Rights Chapter 3: Juveniles Competence to Stand Trial Chapter 4: Assessing Juveniles Risk of Harm to Others Chapter 5: Rehabilitation Evaluations of Juveniles Chapter 6: Evaluations for Juveniles Waiver to Criminal Court Chapter 7: Professional and Ethical Forensic Practice in Juvenile Cases 27

28 Forensic Evaluation and Treatment of Juveniles (Randall T. Salekin) Table of Contents Chapter 1: Legal Contexts and More Chapter 2: Juvenile Characteristics, Political and Social Climate, and Transfer Chapter 3: Forensic Mental Health Concepts Chapter 4: Empirical Foundations and Limits of Juvenile Forensic Evaluation Chapter 5: Preparation for the Evaluation and Forensic Practice Chapter 6: Data Collection for Juvenile Evaluations Chapter 7: Interpretation for Juvenile Evaluations Chapter 8: Report Writing and Testimony Chapter 9: Treatment of Young People in the Juvenile Justice System Chapter 10: Conclusion and Future Directions 28

29 Evaluation of Juveniles Competence to Stand Trial (Ivan Krum & Thomas Grisso) Table of Contents FOUNDATION 1. The Legal Context 2. Forensic Mental Health Concepts 3. Empirical Foundations and Limits Application 4. Preparation for Evaluation 5. Data Collection 6. Interpretation 7. Report Writing and Testimony 29

30 Forensic Reports & Testimony (Randy Otto, Richart DeMier, Marcus Boccaccini) Table of Contents Chapter 1: Introduction Chapter 2: Functions of Forensic Reports Chapter 3: Content of Forensic Reports Chapter 4: Principles of Forensic Reports Chapter 5: Structure of Forensic Reports Chapter 6: Interrogatories, Affidavits, Declarations, Demonstrative Exhibits, and Demonstrative Aids Chapter 7: Conceptual Issues Regarding Testimony Chapter 8: Testifying at Depositions Chapter 9: Testifying at Admissibility Hearings Chapter 10: Pretrial Preparation Chapter 11: Direct Examination Chapter 12: Cross-Examination 30

31 Principles of Forensic Report Writing (Michael Karson & Lavita Nadkarni) Table of Contents 1. The Functions of Forensic Reports 2. Organization of the Report 3. Converting the Legal Issue Into a Psychological Question 4. Laying the Groundwork for an Opinion 5. Citing Different Kinds of Evidence 6. How to Present Your Opinion 7. Critical Thinking in Forensic Analysis 8. Legal and Ethical Pitfalls 9. Culturally Competent Report Writing 10. Writing an Effective Report 31

32 Questions? Comments? Contact Antoinette Kavanaugh, Ph.D., ABPP: Contact Charlyn Bohland or Katherine Sato:

FORENSIC PSYCHOLOGY E.G., COMPETENCE TO STAND TRIAL CHILD CUSTODY AND VISITATION WORKPLACE DISCRIMINATION INSANITY IN CRIMINAL TRIALS

FORENSIC PSYCHOLOGY E.G., COMPETENCE TO STAND TRIAL CHILD CUSTODY AND VISITATION WORKPLACE DISCRIMINATION INSANITY IN CRIMINAL TRIALS FORENSIC PSYCHOLOGY FORENSIC PSYCHOLOGY IS THE INTERSECTION BETWEEN PSYCHOLOGY AND THE JUSTICE SYSTEM. IT INVOLVES UNDERSTANDING LEGAL PRINCIPLES, PARTICULARLY WITH REGARD TO EXPERT WITNESS TESTIMONY AND