Psychological Evaluations for Franklin Hearings

Attorney Considerations for Franklin Hearing Evaluations:

Do you want the evaluation and report to address all 5 Miller factors?

1. Hallmark Features of Youth (chronological age, immaturity, failure to appreciate risks, etc.)
2. Home and Family (environment, dysfunction, etc.)
3. Circumstances of Crime/Peer Pressure
4. Incompetencies of Youth (early entry and difficulties dealing with child welfare and probation systems, etc.)
5. Evidence of Rehabilitation/Suitability for Parole (and the possibility of needing a risk assessment)

Do you want a limited-purpose evaluation focusing on the following:

• Discussing adolescent brain development
• Trauma and Adverse Childhood Experiences
• Cognitive deficits and how they pertain to the Miller factors
• Risk and Treatment (how prior treatments failed and why – perhaps they were not evidence-based or dose-dependent).
• Address Post-Traumatic Stress Disorder, Traumatic Brain Injury, or Substance Abuse and how these relate to the offense charged.

In sum, you select the referral question that will best assist you in your case. No matter what the exact referral question, we will focus on examining the concept of transient immaturity. Transient immaturity means we are assessing:

• Adolescent Brain Development
• Social Environment Factors
  • Trauma and its effects on the brain
• The Crime Itself (psychosocial immaturity)
• Ability to deal with counsel & police (psychosocial immaturity)
• Evidence of Rehabilitation

Also, it is important to discuss with the psychologist whether they can discuss the facts of the case with the offender. It is most helpful if we can do so because we get more insight into their maturity/immaturity levels at the time of the offense.

Records that will be helpful in the evaluation:

1. School records, including special education and IEP.
2. Psychiatric/Treatment Records- outpatient therapy, inpatient (psychiatric hospitalization), crisis contacts, and medication.
3. Developmental/Pediatric Records- particularly if there is a history of neurodevelopmental impairments.
4. Medical Records- particularly if there is an indication of any injuries or medical problems.
5. Child Welfare Records
6. Probation and Parole Records, including transcripts from the trial or police reports and criminal history.

As a bonus, sending a list of collateral contacts (family, therapist, and treatment providers we can interview for additional information) will be most helpful. Alternatively, if you retain an investigator or forensic social worker to conduct these interviews, you are welcome to send the investigation reports once they are complete.

Screening instruments & assessment tools are essential and help us gather objective data to support the forensic opinions. We routinely use the following types of instruments when assessing juveniles/adults in transfer and Franklin cases. We are happy to discuss these in our consultation as well.

1. Risk Assessment
2. Test of Cognitive Abilities
3. Effort/Motivation
4. Psychopathy

Franklin/Miller (youthful offender) evaluations are becoming more popular due to the passage of Prop 57 and other resentencing statutes. Attorneys can find it challenging to determine how to use a psychological evaluation in these hearings. The most important thing is to have the evaluation address the offender’s possible transient immaturity. Next, decide whether you want the psychologist to review all mitigating Miller factors or prepare a more focused report. A consultation between the attorney and the psychologist can help flesh out the approach so the attorney can decide how best to represent their client at the hearing.

Dr. Pleshchuk specializes in completing youthful offender evaluations for Franklin and other resentencing hearings, including a comprehensive risk-for-future-violence assessment if needed.