Preparation for the Evaluation

Chapter 4 offers guidance for the clinician in the earliest stages of the evaluation process before engaging in the evaluation itself. The first section focuses on whether the clinician is competent to perform Miller evaluations. It focuses on what is required of the clinician in terms of specialized knowledge, ways to avoid bias, and other special demands of Miller cases. The second section focuses on communications with the party requesting the evaluation (typically an attorney) and describes how to reach agreement about objectives and creating the proper expectations for both the attorney and the clinician. Finally, various logistical matters are discussed regarding location of evaluations, time frames, and gaining access to relevant records and collateral interviewees. The chapter concludes with suggestions for planning the evaluation itself.

The Legal Context

The chapter begins with a brief introduction, describing the scope and types of evaluations for juvenile sentencing in criminal court, offering the reader relevant terminology and an introduction to the book’s purpose. The primary focus of the chapter is on the relevant law for these evaluations. It describes relevant U.S. Supreme Court cases, especially Miller v. Alabama, which abolished mandatory life without parole sentences for juveniles and required developmental analysis to inform juvenile sentencing, as well as Montgomery v. Louisiana, which required resentencing for persons previously receiving mandatory life without parole sentences as juveniles. Miller’s definitions for the standards to be applied in juvenile sentencing and resentencing are then introduced and discussed: the legal concept of “irreparable corruption” and the five “Miller factors” defining characteristics of immaturity relevant for sentencing. Finally, the chapter describes the legal process for juvenile sentencing, identifying the role of Miller evaluations within that process.

Data Collection

This chapter offers guidance for the collecting the various types of information needed for Miller evaluations. It begins with a general section on the process, focusing on the need for multiple sources of data, checking consistencies and inconsistencies in information across sources, attending to dissimulation, and adjusting one’s assessment plan as unexpected information arises. Then separate sections are provided for obtaining data from various specific sources. Guidance is offered for the various types of records that should be obtained and why they are important. Suggestions are made for interviewing the defendant and for interviewing caregivers and other collateral informants. Finally, recommendations are offered for various types of structured assessment tools that will provide normative data on the defendant’s personality, psychopathology, decision-making and risk-taking characteristics, and amenability to rehabilitation.

Forensic Developmental Concepts

Chapter 2 identifies and describes developmental and clinical psychological concepts that may be useful in forensic Miller evaluations when addressing Miller’s standards for immaturity. Concepts related to the decisional immaturity factor include two models of psychosocial immaturity and the “maturity gap” concept. The dependency immaturity factor is examined through the lens of trauma concepts and individual differences in dependency. The offense context factor offers conceptual ways of thinking about the impact of immaturity on the offense drawn from reasoning in other types of forensic evaluations. The prospects for rehabilitation factor is examined with concepts related to amenability to rehabilitation and the appropriateness of interventions. Concepts relevant for Miller’s “irreparable corruption” include life-course-persistent and adolescence-limited offending patterns, psychopathy, sophistication and maturity, and the Risk-Needs-Responsivity model. A model is provided for the forensic process of analyzing irreparable corruption. Finally, several concepts from general developmental psychology are reviewed for their relevance to Miller cases.

Interpretation

This chapter offers guidance on using the data collected to make inferences and form opinions about the essential questions in Miller evaluations. The first section offers guidance on general matters of interpretation: forming opinions based on data and theory/research foundations, the logic employed, the use of corroboration to shape inferences, and the formation of alternative hypotheses. Then commentary is offered separately for forming interpretations related to each of the Miller factors: decisional immaturity, dependency immaturity, analyzing the offense context, and making interpretations about prospects for rehabilitation. A final section focuses specifically on interpretations related to the legal concept of irreparable corruption.

Report Writing and Testimony

This chapter offers guidance for writing one’s report and testifying in Miller cases. It begins with recommendations for discussing the evaluation results and one’s interpretation with the referring party before drafting the report, then describes the value and limitations of discussing the written draft prior to final signing of the report. Then guidance is offered for depositions, which are common in Miller evaluations. Finally, a number of resources are identified that prepare forensic examiners for testimony, followed by examples of, and possible ways to answer, challenging questions that often arise specifically in Miller evaluations. The chapter ends with a general conclusion for the book.

Empirical Foundations and Limits

Chapter 3 identifies, reviews, and provides references to reviews of research relevant for various factors assessed in Miller cases. The first section reviews research on serious and violent offending and re-offending among adolescents, patterns of life-course offending, and research specifically on homicides by juveniles. The next section reviews neuroscience and psychological research on adolescent decision making and risk taking. The research on personality and psychopathology of adolescent offenders is reviewed, followed by research on factors related to youths’ amenability to rehabilitation as well as what is known about the effectiveness of various interventions to reduce re-offending among youth. Finally, the chapter offers background and research on structured assessment tools useful for assessing the characteristics associated with the Miller immaturity factors.