Preparing for Transfer and Amenability Hearings

32 Pages·2016·0.23 MB·English

Preparing for Transfer and
Amenability Hearings
PRESENTED BY:
CHARLYN BOHLAND & KATHERINE SATO
THE OFFICE OF THE OHIO PUBLIC DEFENDER
DR. ANTOINETTE KAVANAUGH,
FORENSIC CLINICAL PSYCHOLOGIST
NJDC LEADERSHIP SUMMIT
OCTOBER 28, 2016
The plan for our session
Kent v. U.S. framework
1.
Factors to consider in making an amenability
2.
determination
Records to collect and witnesses to interview
3.
Identifying and communicating with your
4.
expert clinician
Understanding the evaluation
5.
Case study: Ronnie Miller
6.
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Kent v. U.S.
 16-year-old Morris Kent charged with rape and robbery
 Defense counsel requested:
That Morris be kept in juvenile court and placed under
1.
psychiatric observation
Access to Morris’s probation file…
2.
 NOPE.
 Juvenile Court waived jurisdiction
No hearing; no reasons

 SCOTUS – Waiver is a critically important
decision and due process is required
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Kent v.
Factors to be Considered CA FL SC PA
U.S.
Nature of the Crime (aggressive, violent,
premeditated, willful)?
Was offense against people (especially if
personal injury involved) vs. property?
Prosecutive Merit
Are juvenile’s associates in the
offense adults?
Sophistication, maturity and/or age
of juvenile
Previous contact with the court
Potential for rehabilitation
Protection of the public
Previous rehabilitation attempts
Is transfer in the best interest of the
juvenile or public?
Culpability of juvenile
Kent v.
Factors to be Considered GA OH KS IN LA
U.S.
Nature of the Crime (aggressive, violent,
premeditated, willful)?
Was offense against people (especially if
personal injury involved) vs. property?
Prosecutive Merit
Are juvenile’s associates in the
offense adults?
Sophistication, maturity and/or age
of juvenile
Previous contact with the court
Potential for rehabilitation
Protection of the public
Previous rehabilitation attempts
Is transfer in the best interest of the
juvenile or public?
Culpability of juvenile
WHERE DO WE START?
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Where do we start?
What else do we want to know?

Records?

Witnesses?

Interviews?

Independent expert evaluation?

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Identifying and Collecting Records
Importance of record collection

Basics of record collection

Types of records to collect?

8
What do we do with records collected?
Careful review

Source for additional records and witnesses

Provide to evaluator

Incorporate into amenability hearing

9
Identifying Witnesses
Who would you like to speak with when

preparing for an amenability/bindover/
transfer hearing?
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