When juveniles over the age of 14 commit serious, violent felonies, they are often “certified” as adults, meaning they are charged in adult criminal court rather than juvenile court and, if convicted, can face lengthy sentences in adult prisons. In some cases, defense attorneys may petition for a juvenile to be “decertified” or transferred to the juvenile justice system. To succeed, the defense must persuade the judge that public safety can be maintained if the young person is processed through the juvenile justice system. Defense attorneys do this by presenting evidence that the juvenile is likely to be amenable to rehabilitation within the juvenile justice system and is not at a high risk for continued violence.
Forensic psychologists play a critical role in this process, as we provide evidence-based assessments of risk for ongoing violence and a juvenile’s potential to benefit from rehabilitative treatment. The decertification evaluation process includes a detailed review of the juvenile’s legal, psychological, medical, and educational records to gain a comprehensive understanding of their history. It also involves conducting a clinical interview and mental status examination with the juvenile, along with psychological testing to identify any mental health issues, assess the juvenile’s strengths, and evaluate their potential for rehabilitation. Interviews with family members and others who are close to the juvenile provide additional insights into the factors that may have influenced their behavior and the types of support that may be available to the adolescent upon their eventual return to the community.
At Dr. Robin Lowey & Associates, our forensic psychologists conduct these decertification evaluations, using a comprehensive, multi-method approach. When we are able to offer an opinion in support of decertification, we prepare meticulous written reports of our findings and provide clear and concise expert testimony.