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Journal Article

Citation

Hays JR, Solway KS. Houst. Law Rev. 1972; 9: 709-715.

Copyright

(Copyright © 1972, College of Law of the University of Houston)

DOI

unavailable

PMID

unavailable

Abstract

VioLit summary:

OBJECTIVE:
The purpose of this study by Hays and Solway was to examine the role of psychological evaluation in certification of juveniles for trial as adults.

METHODOLOGY:
The authors employed a quasi-experimental design in order to evaluate the role of psychological evaluations in certification. Data were collected in 1970 from Harris County. Eighteen cases were examined. The authors presented demographic variables on the subjects using frequency tables as well as the mean scores of the on several psychological examinations including the Wechsler Intelligence Scale, the Bener-Gestalt, Draw-A-Person, the Rorschach, and the Thematic Apperception Test. No statistical tests of significance were conducted on the data.

FINDINGS/DISCUSSION:
The authors reported that 17 males and 1 female participated in the study. Additionally, 5 were 15 years of age, 12 were 16 years of age, and 1 was 17 years of age. There were 3 caucasians, and 15 African Americans. There were 3 cases of rape, 3 of assault to murder (attempted murder), 7 cases of murder, and 8 cases of robbery by firearms. The authors stated that a 16-year-old African American who had committed a robbery by firearm was most likely to have a waiver petition filed. The results of the psychological tests showed that one subject was in the "high normal" range (I.Q. 111-119), 6 were "average" (91-110), 2 were in the "dull normal" range (80-90), 7 were in the "borderline" range (66-70), and 2 were in the "defective" range (65 and below). The authors also reported that the lowest subtest mean score was testing for "information." The authors stated this low score may represent "cultural deprivation" and a lack of interest in academic matters. The intelligence subtests also, according to the authors, were lower than those of the general population. The authors said that rehabilitation programs should take into consideration these low scores on information and vocabulary when considering program designs. It was also reported that the typical juvenile in this study functioned at about the 16 centile of the general population in terms of intelligence. The authors suggested that skills involving intelligence be taught to youth at the time of their first encounter with the law.
Other considerations psychologists take into account when evaluating certification are (1) whether the adolescent knows the difference between right and wrong, (2) the background of the adolescent, (3) whether the alleged offense was committed in an aggressive and premeditated manner, and (4) the potential for rehabilitation. The authors found it interesting that in only two of the 18 cases studied were psychologists used as expert witnesses. The authors also said that often times a court's finding of delinquency is made without full consideration of the merits of the case. The authors also noted that district attorneys sometimes use the prerogative of filing certification procedures as a bargaining mechanism to insure the defendant's commitment to a State training school. The authors stated that court judges, psychiatrists, and psychologists should question these legal maneuvers. The authors concluded by expressing satisfaction in both the requirements for certification and the role of psychologists as consultants of the court.

(CSPV Abstract - Copyright © 1992-2007 by the Center for the Study and Prevention of Violence, Institute of Behavioral Science, Regents of the University of Colorado)

Texas
1970s
Psychological Evaluation
Psychological Factors
Juvenile Assessment
Juvenile Violence
Juvenile Offender
Juvenile Court
Juvenile Justice System
Criminal Justice System
Offender Assessment
Psychological Assessment
Correctional Decision Making
African American Juvenile
African American Offender
African American Violence
Caucasian Juvenile
Caucasian Offender
Caucasian Violence
Male Violence
Male Offender
Female Violence
Female Offender
Offender Characteristics
Offender Intelligence
Juvenile In Adult Court
Judicial Transfer-Waiver
05-05

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