Negotiating with parents: Attorney practices in the juvenile plea bargain process.

OBJECTIVES: Research on plea bargaining is increasing, yet much of this work examines how the process unfolds in adult court. Plea bargaining in juvenile court has several notable differences such as parental involvement. Including parents throughout the adjudicatory process is encouraged but ultimately left up to the attorney. Research has not explored whether attorneys include parents in plea bargain discussions with their clients. The present study examined parental involvement in the juvenile plea bargain process. HYPOTHESES: We did not have any formal a priori hypotheses for this exploratory study. METHOD: The first author conducted qualitative interviews with eighteen defense attorneys from the juvenile division of a public defender's office on the East Coast where we discussed their most recent case that resulted in a plea bargain. RESULTS: Parents were included in plea negotiations and hearings. Attorneys described seeking parental input because parents may be impacted by the terms of the plea and because the court often seeks parental approval. During hearings, parents offered input regarding their child's ability to plea, the disposition plan, and whether they support their child's decision to plead guilty. CONCLUSIONS: Pleas might impact parents, so it may be impractical to overlook their interests. However, parent and child interests may conflict, and parents often lack understanding of their children's rights and pleading generally. Therefore, attorneys must not only advocate for their clients, but also educate and manage parents' interests both inside and outside the courtroom. (PsycInfo Database Record (c) 2021 APA, all rights reserved).

More than Risk? Longitudinal Changes in Friendship Support with Serious Adolescent Offenders.

Research on the friendships of adolescents who offend has overwhelmingly focused on delinquency, despite developmental evidence that friendships are a large source of support for youth. In order to understand between- and within-individual differences in friendship support over time with adolescents who offend, the present study used multi-level modeling techniques on data from male youth in the Pathways to Desistance study. Participants were a racially and ethnically diverse (43% Black, 35% Hispanic, and 21% White) group of 1040 male youth adjudicated or convicted of serious offenses between age 14 and 18. Youth reported high levels of support, which modestly declined over time, and they reported less support from delinquent peers. Black and Hispanic youth reported higher levels of friendship support than White youth, but the trajectory of support did not statistically differ by race or ethnicity. The friendships of youth who commit serious offenses are nuanced relationships that should not be viewed dichotomously as delinquent or supportive.

Youth's Perceptions of Parental Support and Parental Knowledge as Moderators of the Association Between Youth-Probation Officer Relationship and Probation Non-compliance.

As a community-based sanction, juvenile probation exemplifies the potential of both communities and families to make significant contributions in promoting positive changes among offending youth. Yet, surprisingly little research has explored the nature of these relationships and its association with offending. This study (1) examined the associations between youth-officer relationships, youth perceptions of parental support and knowledge, and probation non-compliance and (2) explored the role of parental support and knowledge as moderators of the association between youth-officer relationships and probation non-compliance among 110 youth supervised on probation (23 % females; 60 % African American). The findings showed that tough or punitive youth-officer relationships were associated with greater counts of technical violations, but fewer counts of delinquent offenses. Parental support was associated with fewer counts of delinquent offenses and parental knowledge was associated with fewer counts of both delinquent offenses and technical violations. These findings provide evidence to the important role of both parents and probation officers and underscore the potential benefits of parent-officer collaboration in facilitating successful interventions among offending youth.

Power, Process, and Protection: Juveniles as Defendants in the Justice System.

The juvenile court was created in 1899 in part to remedy the unfairness of trying youth in the adult criminal justice system, but its success at rectifying those problems is unclear. One concern is that the vast majority of youth who are adjudicated delinquent are adjudicated after waiving their right to trial and entering a guilty plea. Fairness and equity in the plea bargaining process are premised on the assumption that youth have the capacity to understand and elect between available options and will be given a meaningful opportunity to choose without coercion and deception. In legal terms, the Constitution will only sanction a plea when the defendant makes a knowing, voluntary, and intelligent waiver of her right to trial. In this chapter, we briefly describe the juvenile court process and explain the circumstances of a plea bargain, which constitutes both a waiver of Constitutional rights and an agreement to certain conditions. Then we evaluate the research and practice knowledge regarding the legal components of a valid waiver-that it must be knowing and voluntary. We consider how information, capacity, and circumstance contribute to a knowing waiver. Then we examine how procedural justice, paternalism, and coercion may affect a voluntary waiver. Throughout, we consider whether the people, policies, and practices meant to assess and safeguard that waiver decision fulfill their intended purpose.

Age differences in affective decision making as indexed by performance on the Iowa Gambling Task.

Contemporary perspectives on age differences in risk taking, informed by advances in developmental neuroscience, have emphasized the need to examine the ways in which emotional and cognitive factors interact to influence decision making. In the present study, a diverse sample of 901 individuals between the ages of 10 and 30 were administered a modified version of the Iowa Gambling Task, which is designed to measure affective decision making. Results indicate that approach behaviors (operationalized as the tendency to play increasingly from the advantageous decks over the course of the task) display an inverted U-shape relation to age, peaking in mid- to late adolescence. In contrast, avoidance behaviors (operationalized as the tendency to refrain from playing from the disadvantageous decks) increase linearly with age, with adults avoiding disadvantageous decks at higher rates than both preadolescents and adolescents. The finding that adolescents, compared to adults, are relatively more approach oriented in response to positive feedback and less avoidant in response to negative feedback is consistent with recent studies of brain development, as well as epidemiological data on various types of risky behavior, and may have important practical implications for the prevention of adolescent risk taking.

Are adolescents less mature than adults?: minors' access to abortion, the juvenile death penalty, and the alleged APA "flip-flop".

The American Psychological Association's (APA's) stance on the psychological maturity of adolescents has been criticized as inconsistent. In its Supreme Court amicus brief in Roper v. Simmons (2005), which abolished the juvenile death penalty, APA described adolescents as developmentally immature. In its amicus brief in Hodgson v. Minnesota (1990), however, which upheld adolescents' right to seek an abortion without parental involvement, APA argued that adolescents are as mature as adults. The authors present evidence that adolescents demonstrate adult levels of cognitive capability earlier than they evince emotional and social maturity. On the basis of this research, the authors argue that it is entirely reasonable to assert that adolescents possess the necessary skills to make an informed choice about terminating a pregnancy but are nevertheless less mature than adults in ways that mitigate criminal responsibility. The notion that a single line can be drawn between adolescence and adulthood for different purposes under the law is at odds with developmental science. Drawing age boundaries on the basis of developmental research cannot be done sensibly without a careful and nuanced consideration of the particular demands placed on the individual for "adult-like" maturity in different domains of functioning.

Age differences in future orientation and delay discounting.

Age differences in future orientation are examined in a sample of 935 individuals between 10 and 30 years using a delay discounting task as well as a new self-report measure. Younger adolescents consistently demonstrate a weaker orientation to the future than do individuals aged 16 and older, as reflected in their greater willingness to accept a smaller reward delivered sooner than a larger one that is delayed, and in their characterizations of themselves as less concerned about the future and less likely to anticipate the consequences of their decisions. Planning ahead, in contrast, continues to develop into young adulthood. Future studies should distinguish between future orientation and impulse control, which may have different neural underpinnings and follow different developmental timetables.

Age differences in sensation seeking and impulsivity as indexed by behavior and self-report: evidence for a dual systems model.

It has been hypothesized that sensation seeking and impulsivity, which are often conflated, in fact develop along different timetables and have different neural underpinnings, and that the difference in their timetables helps account for heightened risk taking during adolescence. In order to test these propositions, the authors examined age differences in sensation seeking and impulsivity in a socioeconomically and ethnically diverse sample of 935 individuals between the ages of 10 and 30, using self-report and behavioral measures of each construct. Consistent with the authors' predictions, age differences in sensation seeking, which are linked to pubertal maturation, follow a curvilinear pattern, with sensation seeking increasing between 10 and 15 and declining or remaining stable thereafter. In contrast, age differences in impulsivity, which are unrelated to puberty, follow a linear pattern, with impulsivity declining steadily from age 10 on. Heightened vulnerability to risk taking in middle adolescence may be due to the combination of relatively higher inclinations to seek excitement and relatively immature capacities for self-control that are typical of this period of development.

Anticipatory injustice among adolescents: age and racial/ethnic differences in perceived unfairness of the justice system.

The present study examines age differences in anticipatory injustice, or the expectation of unfair or discriminatory treatment in the legal system. 1,393 adolescents and young adults from the community or from detention centers and jails were interviewed regarding demographic and justice system experience, intelligence, expectations about fair treatment, and legal decisions. African Americans and Latinos and those with more system experience expected greater injustice across multiple legal contexts. Anticipatory injustice increased with age among African Americans and those with the most system experience. It also predicted choices about police interrogation, attorney consultation, and plea agreements. Anticipations of injustice during adolescence may affect future interactions with court officials as well as more general constructs of legal socialization.

The promise of primary prevention home visiting programs: a review of potential outcomes.

Home visitation (HV) is a promising service delivery model, despite a history of mixed documented results. Compiling results on the promising family and child development outcomes in the HV literature has utility for current programs and those under development. We review traditional outcomes (e.g., child maltreatment prevention) from the literature on HV, but we also present nontraditional outcomes (e.g., community connection) that may be relevant for future evaluations. Programs that document their implementation and study their outcomes through a thoughtful, planned process may capture important and much needed information on strengthening families through HV.

Juveniles' competence to stand trial: a comparison of adolescents' and adults' capacities as trial defendants.

Abilities associated with adjudicative competence were assessed among 927 adolescents in juvenile detention facilities and community settings. Adolescents' abilities were compared to those of 466 young adults in jails and in the community. Participants at 4 locations across the United States completed a standardized measure of abilities relevant for competence to stand trial (the MacArthur Competence Assessment Tool--Criminal Adjudication) as well as a new procedure for assessing psychosocial influences on legal decisions often required of defendants (MacArthur Judgment Evaluation). Youths aged 15 and younger performed more poorly than young adults, with a greater proportion manifesting a level of impairment consistent with that of persons found incompetent to stand trial. Adolescents also tended more often than young adults to make choices (e.g., about plea agreements) that reflected compliance with authority, as well as influences of psychosocial immaturity. Implications of these results for policy and practice are discussed, with an emphasis on the development of legal standards that recognize immaturity as a potential predicate of incompetence to stand trial.

Effectiveness of participation as a defendant: the attorney-juvenile client relationship.

Recent changes in the processing of juveniles in the justice system place greater significance on children's capacities to participate in legal contexts. Effective participation as a defendant encompasses abilities beyond those legally required for adjudicative competence, which may nevertheless influence the quality and nature of a defendant's participation in the trial process. Based in developmental judgment theory, the current study compares 203 juveniles and 110 adults detained pre-trial using a hypothetical attorney-client vignette to examine how psychosocial factors are reflected in decision-making processes and link to decision outcomes and effective participation within the attorney-client relationship. Age-related differences in legally relevant decision-making processes and outcomes are identified, and implications for policy are made.