Commentary: Nuances of Reverse-Waiver Evaluations of Adolescents in Adult Criminal Court

[摘要] Several factors influence a judge`s decision to transfer youthful defendants to juvenile court from adult court, including the forensic evaluator`s ultimate opinion, the defendant`s amenability to treatment, and public safety risk. In this commentary, we examine the constructs that evaluators must assess, as established by Kent v. United States (1966). We begin by outlining the legal history that led to the large population of youths currently in the adult criminal justice system nationwide and the negative consequences of their incarceration in adult settings. We consider the unique role of forensic psychologists and psychiatrists as experts in development, with special regard to their ability to assess and inform the court about amenability to treatment and emotional maturity. The determination of amenability to treatment is further explored through a review of the current literature examining the influence of diagnostic labeling on judicial decisions and the treatment response of adolescent offenders who have psychopathy features. We conclude with an update on the recent proposal for juvenile justice reform in the authors` state of New York.

[学科分类] 儿科学

[关键词] Thomisidae;Smodicinini;Indosmodicinus;new male morph;first record;China