Juvenile Defendants Research Articles

Ретардированное психическое развитие в практике комплексной психолого-психиатрической экспертизы несовершеннолетних обвиняемых

The article is devoted to the problem of retarded mental development of juvenile offenders in forensic practice. The findings of male juvenile offenders (n = 30) who underwent a complex psychological and psychiatric expertise were analyzed. As a result of the study, a criminal-relevant pathopsychological symptom complex was identified in juvenile offenders with retarded mental development on organically imperfect soil. Violations manifest themselves in cognitive, emotional-volitional and personal spheres. They lead to a significant decrease in the level of arbitrary regulation, disrupting critical and prognostic functions, and deprive the minor during the time of the tort the ability to recognize and control the actual nature and public danger of his actions. In addition, partial retardation of mental development characteristic of juvenile defendants with personal immaturity without mental disorder is defined.

CRIMINAL PROCEDURAL CAPACITY OF JUVENILE SUSPECTS AND ACCUSED

The article deals with the issue of criminal procedural capacity of juvenile suspects, accused. The conclusion is made about the expediency of introducing into the scientific circulation the concepts of “criminal procedure capacity”, “partial criminal procedure capacity”. Based on the study of doctrinal sources, law enforcement practice, the authors come to the conclusion that at the legislative level it is necessary to provide for the termination of the powers of such participants in the criminal process as a legal representative, teacher (psychologist), if the suspect or accused person is under 18 years old. A draft amendment to Part 3 of Art. 420 Code of Criminal Procedure of the Russian Federation.

Sentencing other people’s children: the intersection of race, gender, and juvenility in the adult criminal court

ABSTRACTIn light of the punitive transformation of the juvenile justice system in recent years, several scholars have explored disparities in criminal punishments between adult offenders and juveniles who have been transferred to the adult criminal court, and these findings have been somewhat mixed. While juvenility in itself might influence sentencing outcomes, it is theoretically possible that Black and Hispanic male transferred youth may be sentenced particularly harshly relative to other juvenile and adult offenders. Indeed, previous research suggests that the issue of youth crime as well as the practice of transfer to adult court are conceptually associated with Black and Hispanic males. However, no prior work on the influence of extralegal offender characteristics in sentencing has assessed potential joint effects among race, gender, and juvenility. Analysis of data on felony offenders in Florida circuit courts (n = 1,107,233) reveals that Black male juveniles are sentenced more harshly than many other juvenile and adult defendant subgroups and, for two of the four sentencing outcomes considered, receive the most severe punishments of all offenders.

An analysis of how the police ‘caution’ is presented to juvenile suspects in England

ABSTRACTIn England and Wales, suspects must be given a police caution before they are questioned. The purpose of the caution is to explain a suspect's right to silence as a protection against self-incrimination. However, the evidence on whether the caution fulfils its purpose is limited. The aim of the present study was to describe how cautions were delivered in interviews with juvenile suspects in England. First, the study set out to describe how the caution was delivered to suspects during actual police interviews. Second, the study examined whether suspects claimed or demonstrated understanding of the caution. Third, the study analysed how the caution was explained by police officers. In total, the study examined 38 cautions from 31 interviews. The results indicated that police officers delivered the caution at a speed that is likely to be too fast for juvenile suspects to comprehend. Juvenile suspects often claimed to understand the caution, but when asked, failed to demonstrate comprehension. On the other hand, police officers often explained the caution to juvenile suspects, but not always correctly. Both suspects’ and police officers’ explanations of the caution revealed several misconceptions. The results suggest that the caution may not safeguard suspects as intended.

Социально-психологическая адаптация личности несовершеннолетних подозреваемых, обвиняемых и осужденных, с различным отношением к криминальной субкультуре

The article deals with the problem of the spread of criminal subculture among juvenile suspects, accused and convicted persons, their adherence to the rules, the laws of the criminal environment, as well as personal features that contribute to this. The key attention is paid to the study of social and psychological adaptation of minors in places of detention. It is assumed that there is a connection between the adherence to the norms of the criminal subculture and the personal characteristics of minors, the level of their social and psychological adaptation. The pilot study was attended by 23 juvenile boys aged 15 to 18 years, Russian, committed various crimes. The paper used review-analytical, psychodiagnostic methods, methods of mathematical and statistical processing. As a result, three types of minors are determined by the degree of their adherence to the norms of the criminal subculture, the features of social and psychological adaptation and the associated personality traits of juvenile suspects, accused and convicted persons are studied, and the correlation links between the integral indicators of social and psychological adaptation are established. The results can contribute to the development and implementation of psychoprophylactic and psychocorrection programs aimed at leveling the negative impact of criminal subculture norms among minors in isolation.

Конституционный Суд Российской Федерации о суде присяжных в районных судах

The article provides an overview of the decisions of the Constitutional Court of the Russian Federation on the limitation of the constitutional right of the accused to trial by the court with the participation of jurors in the transfer of the criminal case from the regional (regional) to the district court. The author analyzes the legal position of the Constitutional Court of the Russian Federation on the appeals of citizens who have committed crimes for which the death penalty or life imprisonment is provided. The reason for their consideration was the uncertainty in the question of whether the Constitution of the Russian Federation corresponds to the norms of the code of criminal procedure governing the jurisdiction of these criminal cases. The conclusions of the Constitutional Court of the Russian Federation on the jurisdiction of criminal cases to the jury are contradictory. The Constitutional Court of the Russian Federation found the restriction of the right to trial by jury when transferring the case to the district court of accused women and accused men over 65 years of age to be contrary to the Constitution of the Russian Federation. However, the Constitutional Court of the Russian Federation recognized the deprivation of the right to trial by jury of juvenile defendants in the transfer of the case to the district court as relevant to the Constitution of the Russian Federation. It is concluded that it is necessary to conduct further research and study the practice of jury trial in district courts, taking into account the legal positions of the Constitutional Court of the Russian Federation. Key words: jury, district court, the right of the accused to trial by jury, legal positions of the Constitutional Court of the Russian Federation.

Способность несовершеннолетних правонарушителей к принятию решений в рамках оценки уголовно-процессуальной дееспособности

The article presents various approaches to the issue of determining the ability of juvenile offenders to make decisions. The relevance of the study of this problem is due to the complexity of assessing the criminal procedural capacity of juvenile defendants. The article describes the views of foreign and domestic researchers on the issue of the ability to make decisions and its relationship to personal characteristics, presents various classifications of decision-making styles. Neuropsychological aspects of the ability to make decisions and its formation at different age stages are considered. Despite a large number of works in this area, an integrative approach to the study of the ability to make decisions by juvenile offenders, covering both cognitive and personal aspects, is not currently available in the literature. Comprehensive acquaintance with theoretical approaches to the study of the issue is necessary for the further development of a holistic conceptual approach to the study of the problem of the ability to make decisions by juvenile offenders.

Judges, Juveniles, and In-Group Bias

We investigate the existence of in-group bias (preferential treatment of one’s own group) in court decisions. Using the universe of juvenile-court cases in a US state between 1996 and 2012 and exploiting random assignment of juvenile defendants to judges, we find evidence for negative racial in-group bias in judicial decisions. All else being equal, black (white) juveniles who are randomly assigned to black (white) judges are more likely to be placed in custody, as opposed to being placed on probation, and they receive longer sentences. Although observed in experimental settings, this is the first empirical evidence of negative in-group bias based on a randomization design outside the lab. We provide explanations for this finding.

The Problem with Inference for Juvenile Defendants

Much of criminal law relies on proof by inference. In criminal law, fact finders untangle not only what happened, but why it happened. It is answering the “why” question that places an act and its result on the legal spectrum of liability. To reach that answer, the fact finder must engage in an interpretive act, considering not only what can be seen or heard, but the significance of that testimony or physical evidence in real world contexts – the world in which they occurred but also the fact finder’s own world. Recent developments in neuroscience suggest that in the context of juvenile defendants, this moment of interpretation is fraught with particular risks. The emergence of fMRI technology has provided significant insights into adolescent brain development and its effect on adolescent thought processes. As a result, scientists (and courts) recognize that adolescent actors are more likely to engage in risky behavior, fail to properly comprehend long term consequences and over value reward. In short, science has proven what most long suspected: kids think and react differently than do adults. Although criminal law has long accounted for this difference procedurally – most evidently in the creation of an independent juvenile justice system – there has been little exploration of its significance in the realm of substantive criminal law. This Article argues that what is known of adolescent brain development suggests that adult fact finders are poorly positioned to accurately assess a juvenile defendant’s state of mind, because adults lack the perspective of those whose actions and words they seek to interpret – juvenile defendants. Rather than asking fact finders to perform the impossible task of placing themselves in the adolescent’s mind, substantive criminal law should instead acknowledge the difference in perspective and permit evidentiary presentation and jury instructions akin to defenses that rely on the defendant’s actual, as opposed to imagined, perspective.

ДЕЯКІ ОСОБЛИВОСТІ ПРОВЕДЕННЯ ДОПИТУ НЕПОВНОЛІТНІХ У КРИМІНАЛЬНОМУ ПРОВАДЖЕННІ

The article considers some features of interrogation of a minor (victim, witness, suspect) in criminal proceedings and its legal settlement in accordance with the current criminal procedure legislation. The issues of participation of a teacher, psychologist and doctor (if necessary), as well as the procedure for their involvement in the interrogation of minors in criminal proceedings were studied. The analysis of mistakes made by investigators during the interrogation of minors is carried out. Depending on their age, minors (victims, witnesses, suspects) have certain psychological characteristics that must be taken into account during their interrogation in order to obtain truthful testimony about the circumstances of the criminal proceedings. On the basis of the conducted scientific research it is concluded that to achieve an effective result during the interrogation of a minor (victim, witness or suspect) is possible with a comprehensive approach to its psychological, age, mental and individual characteristics, as well as serious preparation of the investigator or prosecutor, investigative action. Proposals for improving the current legislation are proposed, which will help to resolve the issue of interrogation of juvenile victims, witnesses and suspects during the pre-trial investigation and to eliminate the gaps and contradictions in the legislation. In particular, when choosing a teacher or psychologist, it is proposed to take into account practical experience and specialized education, as well as to give preference to the teacher with whom the minor has contact, and in the absence of trust - a psychologist, and be sure to involve a psychologist and psychiatrist. on mental disorder or lagging behind in mental development. It is seen that the interrogation of a minor in court is the subject of further theoretical development and requires a separate research and search for ways to improve existing criminal procedure legislation to ensure the rights and legitimate interests of minors in criminal proceedings during their interrogation in court.

Ensuring the rights of juvenile suspects (defendants) in the static and dynamic aspects

Ensuring the rights of juvenile suspects (defendants) in the static and dynamic aspects

Socializing Distrust of the Justice System through the Family in Juvenile Delinquency Court

Juvenile delinquency courts in the United States generally require parents to attend all court hearings, but little is known about how parents' experiences in the court process affect their discussions of the justice system with their court-involved children. Using multiperspectival and longitudinal data combining observations with interviews of parents and youth in two courts, this research finds that many parents discuss the legal process in negative terms with their children when parents are outside the presence of legal authorities. This research adds to the literature on legal socialization by examining how parents' perceptions of law and their experiences with the court become part of the socializing content provided by parents to their court-involved children. Creating a more meaningful role for parents in the juvenile justice process may potentially lead to more positive discussions of the court process between parents and juvenile defendants.

Minor narratives: Extrajudicial punishment of youth offenders by police officers in Portugal

Based on evidence collected during research in a youth detention centre in the city of Lisbon, the article discusses youth offenders’ narratives of police violence. According to their reports, juvenile suspects are frequently arrested, questioned and, occasionally, subjected to different forms of physical and/or symbolic violence. The article discusses the youths’ narratives, first on their own terms and, second, in view of other authors’ findings, identifying different categories of violence based on the respective objective of the (ab)use of police force. It is suggested that, apart from serving outward ends like investigation, deference and “education”, police violence is closely linked to concepts of citizenship, order and state authority. (Ab)use of force is further discussed as a form of collective punishment of “non-citizens” against a backdrop of performative crime control and governance of uncertainty on the margins of the state.

Taking Back Juvenile Confessions

The limited capacity of juveniles to make good decisions on their own — based on centuries of common sense and empirically supported in recent decades by abundant scientific research — informs almost every field of legal doctrine. Recent criminal justice reforms have grounded enhanced protections for youth at punishment and as criminal suspects on their limited cognitive abilities and heightened vulnerability. One area of criminal procedure doctrine lags behind this legal, scientific, and social consensus. Despite historical recognition of the need for special protections for interrogated youth, current law regarding the waiver of the rights to silence and to counsel at interrogation predominantly treats juvenile suspects like adults. This underenforces their privilege against self-incrimination, disrespects their dignity, and raises the risk of wrongful convictions. This Article considers whether interrogation law should correct course by incorporating a rule akin to contract law’s centuries-old infancy doctrine and permit individuals to retract uncounseled Miranda waivers elicited by law enforcement while they were juveniles. The justifications, advantages, and drawbacks to such a doctrinal shift are explored.

Assessing effective participation in vulnerable juvenile defendants

Effective participation in trial is outlined under article 6 of the European Convention on Human Rights and refers to the ability to understand and engage in trial. Juvenile defendants are often referred to psychologists or psychiatrists by their solicitors to establish ‘effective participation’ capacity. In the USA, key components to participate effectively are defined and standardised assessments available. In the UK, no formal measures exist. A consecutive series of 20 adolescents aged 12–20 years, referred by their solicitors to our service, were assessed using a standardised battery and a semi-structured interview designed to assess effective participation. Fifty-five per cent had at least one neurodevelopmental disorder. Low IQ was common and 50% had age-equivalent language scores below 10 years. Rates of depression, anxiety and PTSD were high. Knowledge about trial was poor. These findings have implications for Criminal Justice System professionals and to ensure fair trials for young defendants.

An Examination of Juveniles' Miranda Abilities: Investigating Differences in Miranda Recall and Reasoning.

Juvenile suspects are routinely expected to possess an accurate recall of written or oral Miranda warnings. This study addresses the Miranda-related comprehension recall and reasoning of legally involved juveniles. It is the first juvenile research to compare systematically two levels of complexity for Miranda warnings with the three modalities (oral, written, or combined) of administration. Unexpectedly, easily read written warnings marginally outperformed the combined modality. In order to examine Miranda reasoning, three juvenile groups were operationalized: impaired, questionable, and likely adequate. Predictably, the impaired and questionable groups possessed significantly lower verbal abilities than the likely-adequate reasoning group. In addition, the likely-adequate group exhibited the strongest appreciation of the adversarial context in which Miranda waiver decisions are rendered. The discussion addresses the marked disparities in Miranda recall from a total recall versus component-by-component understanding of Miranda rights. It also considers more generally how crucially important Miranda misconceptions might be remedied. Copyright © 2016 John Wiley & Sons, Ltd.

Do Criminal Court Outcomes Vary by Juvenile Transfer Mechanism? A Multi-Jurisdictional, Multilevel Analysis

In recent decades, the number of juvenile defendants transferred to criminal court has increased dramatically, in large measure due to an expansion of available transfer mechanisms. While transfer traditionally occurred by judicial waiver of jurisdiction, alternatives have emerged and eclipsed judicial waiver as the primary route to adult court. The present study examines whether the mechanism of waiver—judicial, prosecutorial, or legislative—affects sentencing outcomes for juvenile defendants transferred to adult court. Results from multilevel models that control for state-level variation indicate that sentencing outcomes are inextricably tied to method of transfer. Most notably, non-criminal outcomes are most likely for cases that arrive in criminal court by legislative waiver. This suggests that legislative waiver is an ineffective means of sending juvenile offenders to criminal court, and provides some empirical support for the notion that judicial waiver is the most appropriate method of transfer.

Assessing the impact of race on the juvenile waiver decision: A systematic review and meta-analysis

PurposeThis paper provides a systematic review of the current state of knowledge about the effect of race on the decision to waive a juvenile defendant to criminal court. MethodsFollowing comprehensive search strategies a total of 20 independent studies were identified that met the review's inclusion criteria, eighteen of which could be included in the meta-analysis. Meta-analysis was used to generate weighted mean effect sizes of the effect of race on the waiver decision. Moderator analyses were also performed to explore heterogeneity. ResultsThe average effect of race in the included studies was positive but not statistically significant. Analysis also revealed substantial heterogeneity among the studies. Moderator analyses revealed that within several of the subgroups of studies, race was significantly associated with waiver decisions. ConclusionsOur findings suggest a nuanced and exceedingly complicated story about the role of race in waiver decisions. Most directly, the positive but nonsignificant average effect of race should raise doubts that race impacts waiver decisions in a direct fashion. However, simple claims that race does not matter are also not supported by existing knowledge. The nature of the review facilitates the development of specific recommendations for future research.

A Children’s Rights Perspective on the Participation of Juvenile Defendants in the Youth Court

According to international children’s rights law and standards, juvenile defendants should be given the opportunity to be heard in juvenile justice proceedings. Moreover, from developmental psychological research it can be concluded that young people who appear in court usually have a limited understanding of judicial procedures. Therefore, it is argued that juveniles need to be assisted in giving their views and in understanding juvenile justice proceedings. Insights from the children’s rights and the developmental psychological perspective are taken as starting points in this study to formulate requirements for the effective participation of juvenile defendants. Moreover, this article presents an overview of youth court practices in 11 European countries in order to analyse the extent to which the requirements are fulfilled in practice.

Media and juvenile delinquency: A study into the relationship between journalists, politics, and public

Between 2007 and 2011, the number of registered juvenile suspects declined by 44 percent, but the Dutch public did not feel any safer. In this research, we study media coverage of youth crime and interview journalists and their sources in order to investigate the relationship between journalists, their sources, and the possible effects on the public with respect to fear of crime. We find an overrepresentation of youth crime in news coverage, especially in the popular press, and a stronger episodic focus over time. All media focus increasingly on powerful sources that focus on repressive framing, but this is especially found in the elite press. We conclude that news coverage in all media groups, although in different ways, does contribute to the fear of crime in society and the idea that repressive measures are needed. The fact that this fear of crime is also caused by news coverage is acknowledged, but neither journalists nor politicians are able or willing to change this.