In Miller v. Alabama (2012), the U.S. Supreme Court imposed special requirements for sentencing juveniles who have been transferred to criminal court for conviction and sentencing as ...
In Miller v. Alabama
(2012), the U.S. Supreme Court imposed special requirements for sentencing juveniles who have been transferred to criminal court for conviction and sentencing as adults. Montgomery v. Louisiana
(2016) also required that all juveniles sentenced to life without parole in the past must be resentenced. For these cases, the Court required that consideration of life without parole and any alternative sentences must include a review of potentially mitigating factors associated with a youth’s developmental immaturity. This is the first book to offer guidance to forensic mental health examiners when performing evaluations to assist attorneys and judges in Miller sentencing and resentencing cases. The first three chapters review relevant legal, conceptual, and research background for examiners. The Court’s specific developmental factors are defined, as well as relevant case law and legal process for juvenile sentencing cases. Then psychological concepts and theory related to those developmental factors are reviewed, and a chapter identifies research that examiners can use to inform their assessment and interpretation process. With that conceptual background, the next four chapters offer recommendations for conducting these evaluations. Preparation for the evaluation is described, including managing the requirements and expectations of referring parties. Then the process of data collection is outlined, including interviews and psychological and developmental testing tailored for this type of evaluation. Final chapters offer guidance for interpreting the data to address the law’s relevant developmental factors, as well as an outline and advice for written reports and oral testimony in juvenile sentencing cases.Less