Self-incrimination and denial in the juvenile transfer evaluation.
Bull. Amer. Acad. Psychiatry & the Law
18(4): 413-27, 1990.
Clinical evaluation of alleged juvenile delinquents regarding possible transfer to adult court must
be conducted before adjudication of the facts of the case. This requirement leads to problems for the
juvenile court and for the psychiatric consultant in managing certain potentially incriminating
information that the defendant may reveal in the evaluation process. Both explicity self-incriminating
information, and also denial of involvement in the alleged offense, present problems in this regard.
Explorations of procedural protections for dealing with explicity self-incriminating information, and
of the clinical and forensic problems in interpreting defendants' denial of culpability in these
circumstances, do not yield fully satisfying answers to the problems. The author suggests some
procedural compromises, and discusses the dilemma at the boundary of juvenile court jurisdiction
that underlies these problems.