Child Psychiatry with Juvenile Delinquents

Child Psychiatry with Juvenile Delinquents

According to an article by Soulier & Scott, (2010), “A child and adolescent psychiatrist may have various roles, depending on the context of the evaluation in the juvenile court system.” (pg. 322) The increase of juvenile and preteen committed crimes is a major concern in our justice system and there is evidence that juvenile delinquent cases have become a common activity in society. During the eighteenth century, English common law believed that children under the age of 7 years old lacked the ability to identify and comprehend the penalties of their actions. Children between 7 and 14 allegedly lacked the capacity unless the prosecutor could prove otherwise and children 14 and older were deemed adults and were held liable for their actions according to the full extent of the law including the death penalty if so governed (Soulier & Scott, (2010), pg. 317). Laws have always been instituted by adults that outline order and justice in society, but the duty of such laws have historically changed the criminal liability for juveniles. From a psychological perspective the role of immaturity varies between children and adults when faced with decision making suggesting whether youth are mentally competent to stand trial. Due to their expertise in development, the role of children psychiatrist stretches beyond rehabilitation.

Adjudicative Competency

The first important role of child psychiatrist is to evaluate the mental competency of a child or adolescent to stand trial as an adult. The ideology was based on the concept that an immature child was not capable of committing a crime. A court can find a youth incapable to stand trial as an adult when a youth’s developmental immaturity compromises their ability to comprehend the court proceedings or the lack of reasonable aptitude to assist counsel in their defense. Although the probing into a juvenile’s mental status in relationship to arbitration supports and influences the outcome of court proceedings, the results can be life changing. Reasons for incompetency can be mental illness or mental retardation, but the courts recognize that there are other reasons such as developmental immaturity that may determine incompetency (Soulier & Scott, (2010), pg. 323). Additionally child psychiatrist provides their assessment and recommendations regarding character, behavior, dangerousness, and willingness to be rehabilitated.

Legal Safeguards

The second important role of child psychiatrists involves assessing whether legal safeguards that is in place for juveniles are followed and implemented. Federal funds have been allotted by the Office of Juvenile Justice and Delinquency Prevention to states that uphold two core protections designed to safeguard juveniles during incarceration.