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Date: April 30, 2024 Tue
Time: 3:11 am
Time: 3:11 am
Results for forensic evaluation
1 results foundAuthor: Kruh, Ivan Title: Developing Service Delivery Systems for Evaluations of Juveniles' Competence to Stand Trial: A Guide for States and Counties Summary: The purpose of this Guide is to help states or counties develop a "forensic evaluation system" (FES) for providing courts evaluations of juveniles' competence to stand trial (JCST). An FES for JCST evaluations has three components that are described in the three modules in this Guide: Module 1: Developing a JCST Evaluation Service Delivery System (SDS)-An organizational structure and procedures within which JCST evaluations are provided to the courts Module 2: Creating Evaluation Standards-Criteria that JCST examiners should meet when performing JCST evaluations and writing reports Module 3: Quality Control: Developing a Process to Apply the Standards-Ways to ensure that the evaluation standards for examinations are actually implemented properly by examiners Why the Guide Is Needed The requirement that juvenile court defendants must be competent to stand trial is fairly new, not being in evidence much before the 1990s. When attorneys and juvenile advocates began to claim that competence to stand trial (CST) should apply to delinquency proceedings, there was some doubt about the need for it, as the juvenile court had existed for almost 100 years without the requirement. But in the past fifteen years, appellate courts examining the issue decided that CST was a fundamental due process right in juvenile delinquency cases. This created new demands and challenges for juvenile courts. What exactly was required to be a competent juvenile defendant? How would evaluations be done, and who would do them? What should the evaluations look like? Some states simply tried to use their definitions of CST and process for getting CST evaluations that had been in place for adult criminal defendants. But other states recognized that CST in juvenile court required its own definitions and procedures. As a consequence, many states began developing new, specialized statutes for the application of CST in juvenile court, 20 of them by 2010. In 2011, the need for guidance in development of JCST legislation prompted the publication of a guide for lawmakers. Between 2010 and 2015, eleven more states passed specialized JCST statutes, bringing the current total to 31 states with juvenile-specific statutes that guide JCST. The remaining 19 states and the District of Columbia recognize CST in juvenile court, and it is likely that many of them will develop legislation to codify its application before long. Once juvenile-specific statutes are passed and enacted, the job is far from done. States must then tackle the complex task of implementation - that is, putting the new laws into practice. How will the new laws be applied? How will the legal and mental health systems manage the new demands for obtaining JCST evaluations? This Guide, then, aims to assist states in one part of this implementation phase assuring that courts and attorneys can obtain reliable forensic evaluations to assist the juvenile court in reaching decisions about CST in juvenile cases. JCST evaluations require a specialized process that is similar to such evaluations in criminal court in some ways yet dissimilar in others. On average, children and adolescents do not have adult capacities. The complex contours of child development, developmental psychopathology and the juvenile court system call for different rules, examiners with different skills, and different considerations in JCST cases than in adult CST cases. Those differences were outlined in an earlier clinical guide devoted to conducting JCST evaluations. In addition, Kruh and Grisso offered a best-practices manual for conducting JCST evaluations that was published soon after. Those documents offer a background for the present Guide, in that they describe the task of the examiner in JCST evaluations. Details: Delmar, NY: National Center for Mental Health and Juvenile Justice, 2017. 91p. Source: Internet Resource: Accessed May 27, 2017 at: https://www.ncmhjj.com/wp-content/uploads/2017/04/Juvenile_Competency_to_Stand_Trial_FINAL_508.pdf Year: 2017 Country: United States URL: https://www.ncmhjj.com/wp-content/uploads/2017/04/Juvenile_Competency_to_Stand_Trial_FINAL_508.pdf Shelf Number: 145825 Keywords: Competence to Stand TrialForensic EvaluationJuvenile CourtJuvenile DefendantsJuvenile OffendersMental Health |