1. Adolescent Brain Development/Risk Assessment: USC Lifer Parole Process Nancy Kaser-Boyd, Ph.D., ABAP nkbforensics@gmail.com

2. Associate Clinical Professor, Geffen School of Medicine at UCLA, Semel Institute for Neuroscience and Human Behavior. Associate Clinical Professor, Geffen School of Medicine at UCLA, Semel Institute for Neuroscience and Human Behavior. Forensic training at U.S.C. Institute of Psychiatry and Law Forensic training at U.S.C. Institute of Psychiatry and Law Board Certified, American Board of Assessment Psychology Board Certified, American Board of Assessment Psychology Member, Los Angeles County Superior Court Psychiatric Expert Panels (Delinquency, Criminal, Competency, Dependency) Member, Los Angeles County Superior Court Psychiatric Expert Panels (Delinquency, Criminal, Competency, Dependency) Author and Lecturer on Adolescent Brain Development Author and Lecturer on Adolescent Brain Development Author and Lecturer on Trauma and its Effects. Author and Lecturer on Trauma and its Effects.

3. Juveniles who commit murder can still serve life without parole in prison [Moffett, 2014]. In the United States there are 2,270 children convicted of crimes serving life without parole. In California there are at least 200. Juveniles who commit murder can still serve life without parole in prison [Moffett, 2014]. In the United States there are 2,270 children convicted of crimes serving life without parole. In California there are at least 200. Over 6,500 people currently in California prisons were under the age of 18 at the time of their crime. Over 6,500 people currently in California prisons were under the age of 18 at the time of their crime.

4. The language of Roper v. Simmons and the APA Amicus Brief, filed on behalf of the minor Simmons, gave us language that is a roadmap for our assessments of adolescents in the criminal justice system, yet many psychologists are not aware of this language, or the critical psychological/developmental research, nor have they considered ways to assess and opine about the limitations of adolescents that Roper v. Simmons outlined. This may be true for psychologists doing reports for the Parole Board. The language of Roper v. Simmons and the APA Amicus Brief, filed on behalf of the minor Simmons, gave us language that is a roadmap for our assessments of adolescents in the criminal justice system, yet many psychologists are not aware of this language, or the critical psychological/developmental research, nor have they considered ways to assess and opine about the limitations of adolescents that Roper v. Simmons outlined. This may be true for psychologists doing reports for the Parole Board.

5. Roper v. Simmons cites prior cases which began to define the differences between adolescents and adults… “Their own vulnerability and comparative lack of control over their immediate surroundings means juveniles have a greater claim than adults to be forgiven for failing to escape negative influences in their whole environment. “Their own vulnerability and comparative lack of control over their immediate surroundings means juveniles have a greater claim than adults to be forgiven for failing to escape negative influences in their whole environment. Stanford v. Kentucky, 492 U.S. 361 (1989) Stanford v. Kentucky, 492 U.S. 361 (1989)

6. Roper v. Simmons, 2005 “Three general differences between juveniles under 18 and adults demonstrate that juvenile offenders cannot with reliability be classified among the worst offenders.” “Three general differences between juveniles under 18 and adults demonstrate that juvenile offenders cannot with reliability be classified among the worst offenders.”

7. Roper v. Simmons, 2005 First, “As any parent knows and as the scientific and sociological studies in his Amicus confirm ‘a lack of maturity and an undeveloped sense of responsibility are found in youth more often than in adults and are more understandable among the young. These qualities often result in impetuous and ill-considered actions and decisions…..Adolescents are overrepresented statistically in virtually every category of reckless behavior.’” First, “As any parent knows and as the scientific and sociological studies in his Amicus confirm ‘a lack of maturity and an undeveloped sense of responsibility are found in youth more often than in adults and are more understandable among the young. These qualities often result in impetuous and ill-considered actions and decisions…..Adolescents are overrepresented statistically in virtually every category of reckless behavior.’”

8. Roper v. Simmons, 2005 Second, “Juveniles are more vulnerable or susceptible to negative influences and outside pressures, including peer pressure. Second, “Juveniles are more vulnerable or susceptible to negative influences and outside pressures, including peer pressure.

9. Roper v. Simmons, 2005 Third, “the character of a juvenile is not as well formed as that of an adult. The personality traits of juveniles are more transitory and less fixed…..Only a relatively small proportion of adolescents who experiment in risky or illegal activities develop entrenched patterns of problem behavior that persist into adulthood.” Third, “the character of a juvenile is not as well formed as that of an adult. The personality traits of juveniles are more transitory and less fixed…..Only a relatively small proportion of adolescents who experiment in risky or illegal activities develop entrenched patterns of problem behavior that persist into adulthood.”

10. Roper v. Simmons, 2005 “It is difficult even for expert psychologists to differentiate between the juvenile offender whose crime reflects unfortunate yet transient immaturity, and the rare juvenile offender whose crime reflects irreparable corruption.” “It is difficult even for expert psychologists to differentiate between the juvenile offender whose crime reflects unfortunate yet transient immaturity, and the rare juvenile offender whose crime reflects irreparable corruption.”

11. Roper v. Simmons and the APA Amicus Brief, combined, outline the ways adolescents are different than adults… Immaturity Immaturity Impulsivity/Recklessness Impulsivity/Recklessness Susceptibility to outside pressures Susceptibility to outside pressures Poor attention to consequences Poor attention to consequences Personality still in formation Personality still in formation

12. We should be mindful of these differences from beginning to end in a minor’s transition through the justice system. We should be mindful of these differences from beginning to end in a minor’s transition through the justice system. Their ability to understand Miranda Warning. Their ability to understand Miranda Warning. The voluntariness of their confessions. The voluntariness of their confessions. Their competence to stand trial Their competence to stand trial Their mental state and limitations at the time of their crime. Their mental state and limitations at the time of their crime. Their amenability to treatment. Their amenability to treatment. Their suitability for parole. Their suitability for parole.

13. Miranda Warnings Grisso (1981) reported on 491 cases referred to juvenile court. He found that only 9% exercised their right to silence. 91% agreed to talk to the police, potentially incriminating themselves by confession or denial. Asked why they waived their rights, most indicated that they did so because they were concerned about their immediate predicament and feared that silence would indicate guilt. Grisso (1981) reported on 491 cases referred to juvenile court. He found that only 9% exercised their right to silence. 91% agreed to talk to the police, potentially incriminating themselves by confession or denial. Asked why they waived their rights, most indicated that they did so because they were concerned about their immediate predicament and feared that silence would indicate guilt.

14. Voluntariness of Confessions Adolescents are more likely than adults to make false confessions. Gudjonsson in Europe has conducted a number of studies of false confession and found that adolescents are more likely than adults to make false confessions. They are particularly sensitive to interrogative pressure and negative feedback from authority figures. Adolescents are more likely than adults to make false confessions. Gudjonsson in Europe has conducted a number of studies of false confession and found that adolescents are more likely than adults to make false confessions. They are particularly sensitive to interrogative pressure and negative feedback from authority figures.

15. Voluntariness of Confessions Police interrogations are situations that define social pressure and dictate compliance. Police interrogations are situations that define social pressure and dictate compliance. Gudjonsson indicates that compliance is comprised of two components: Gudjonsson indicates that compliance is comprised of two components: An eagerness to please An eagerness to please A desire to avoid confrontation with others. A desire to avoid confrontation with others.

16. Voluntariness of Confessions Grisso, et. al (2003) conducted a study with 1,400 youths and adults with a vignette in which they were asked the best choice for the character: confessing, denying, or remaining silent. More than half of all 11 – 13 year olds chose confession. The proportion who made this choice diminished with age, to one-fifth of adults, which is still high. In a second similar study with boys aged 13-18 in a residential facility, 25% said they would give a false confession. Grisso, et. al (2003) conducted a study with 1,400 youths and adults with a vignette in which they were asked the best choice for the character: confessing, denying, or remaining silent. More than half of all 11 – 13 year olds chose confession. The proportion who made this choice diminished with age, to one-fifth of adults, which is still high. In a second similar study with boys aged 13-18 in a residential facility, 25% said they would give a false confession.

17. Voluntariness of Confessions Goldstein, et al (2003) found that willingness to confess falsely was more pronounced among 13-15 year olds than among 16-18 year olds. Goldstein, et al (2003) found that willingness to confess falsely was more pronounced among 13-15 year olds than among 16-18 year olds. Drizin & Colgan (2004)and Redlich, et. al. (2004) found that adolescents varied in suggestibility, and that those higher on suggestibility were more likely to give false confessions. Drizin & Colgan (2004)and Redlich, et. al. (2004) found that adolescents varied in suggestibility, and that those higher on suggestibility were more likely to give false confessions.

18. Competence to Stand Trial MacArthur Juvenile Adjudicative Competence Study: MacArthur Juvenile Adjudicative Competence Study: Examined the abilities of 927 adolescents in six juvenile detention facilities and in the community (ages 12-17), comparing their abilities to 466 young adults in jail and in the community (ages 18-24). Conducted in 4 locations across the U.S.

19. Competence to Stand Trial… Used two structured assessment tools: Used two structured assessment tools: MacArthur Competence Assessment Tool (Poythress, et. al., 1999) MacArthur Competence Assessment Tool (Poythress, et. al., 1999) MacArthur Judgment Evaluation (Grisso, 2003) MacArthur Judgment Evaluation (Grisso, 2003) Measured intelligence was strongly related to performance. Measured intelligence was strongly related to performance.

20. Competence to Stand Trial… Adolescents 15 or younger performed more poorly on average than young adults and more like adults who had been found incompetent to stand trial. One-third of youths aged 13 and younger had a significant level of impairment, while 16 to 17 year olds were not significantly different than adults. Adolescents 15 or younger performed more poorly on average than young adults and more like adults who had been found incompetent to stand trial. One-third of youths aged 13 and younger had a significant level of impairment, while 16 to 17 year olds were not significantly different than adults.

21. Competence to Stand Trial… Adolescents tended to make choices that were different than adults, e.g., the younger the subject, the more likely to accept a plea and make decisions that complied with authority. Their reasons for doing so were more focused on present benefits than long-term consequences. Adolescents tended to make choices that were different than adults, e.g., the younger the subject, the more likely to accept a plea and make decisions that complied with authority. Their reasons for doing so were more focused on present benefits than long-term consequences. (Grisso, 2003) (Grisso, 2003)

22. Maturity and Brain Development The brain’s frontal lobes don’t begin to mature until 17 and likely do not begin to resemble the brains of adults until the early 20’s The frontal lobes are responsible for: “Executive functioning” ReasoningProblem-Solving Anticipating consequences Controlling impulses

23. “The very part of the brain that is judged by the legal system comes on board late.” (Gurr) “The very part of the brain that is judged by the legal system comes on board late.” (Gurr) Cortical and subcortical structures responsible for emotion—including the amygdala and other structures in the limbic region—are more active in children and adolescents than in adults (Giedd, et. al., Sowell, et. al., 2003) Cortical and subcortical structures responsible for emotion—including the amygdala and other structures in the limbic region—are more active in children and adolescents than in adults (Giedd, et. al., Sowell, et. al., 2003)

24. Longitudinal MRI studies have allowed researchers to track individual brains as they develop through adolescence by observing them at periodic intervals; for example, Giedd, et.al. (1999) studied 145 children and adolescents up to five times over approximately 10 years: “The size of the frontal lobes is not largely altered, but their composition, consisting of gray and white brain matter, undergoes dynamic change while cognitive functioning improves”

25. This is followed by “pruning” in which gray matter is pared down during the teen years, shaping the brain’s neural connections.” (Sowell, 2001). This is followed by “pruning” in which gray matter is pared down during the teen years, shaping the brain’s neural connections.” (Sowell, 2001).

26. Maturity…. Goldberg (2001) studied minors aged 5 through 17 and found white matter within the prefrontal area of the frontal lobes steadily increased with age, likely reflecting the advances of myelination (a protective covering). Goldberg (2001) studied minors aged 5 through 17 and found white matter within the prefrontal area of the frontal lobes steadily increased with age, likely reflecting the advances of myelination (a protective covering).

27. Maturity… Gogtay, et. al. (2004) at NIMH rescanned with MRIs 13 children and adolescents, ages 4 to 21, every two years over the course of a 10-year period and found “regionally relevant milestones in cognitive and functional development…..The areas later to mature were areas involved in executive function—the frontal lobes.” The frontal lobes were the last to mature. Gogtay, et. al. (2004) at NIMH rescanned with MRIs 13 children and adolescents, ages 4 to 21, every two years over the course of a 10-year period and found “regionally relevant milestones in cognitive and functional development…..The areas later to mature were areas involved in executive function—the frontal lobes.” The frontal lobes were the last to mature.

28. There is an increase in white matter and an increase in the organization of white matter during adolescense. Paus (1999) using MRI, demonstrated that neuronal tracts connecting different regions of the brain thickened as they were coated with a protective sheath of myelin during adolescence. There is an increase in white matter and an increase in the organization of white matter during adolescense. Paus (1999) using MRI, demonstrated that neuronal tracts connecting different regions of the brain thickened as they were coated with a protective sheath of myelin during adolescence.

29. Schmithorst (2002), also using MRI, examined the brains of 33 children and teens from age 5 to 18. During adolescence, neuronal tracts funneled up from the spinal tract, through the brainstem, and into the cortex. He said, “The brain is getting more organized and dense with age.” Schmithorst (2002), also using MRI, examined the brains of 33 children and teens from age 5 to 18. During adolescence, neuronal tracts funneled up from the spinal tract, through the brainstem, and into the cortex. He said, “The brain is getting more organized and dense with age.”

30. Impulsivity/Recklessness Impulsivity/Recklessness APA Amicus Brief: “Adolescents as a group are over-represented in virtually every category of reckless behavior.” APA Amicus Brief: “Adolescents as a group are over-represented in virtually every category of reckless behavior.” Moffitt (1994), studying delinquent behavior in a longitudinal design, found a steep increase in antisocial behavior between ages 7 and 17, and a steep decrease in antisocial behavior between 17 and 30. Moffitt (1994), studying delinquent behavior in a longitudinal design, found a steep increase in antisocial behavior between ages 7 and 17, and a steep decrease in antisocial behavior between 17 and 30.

32. Susceptibility to Outside Pressures APA Amicus Brief: “Adolescent behavior is also affected by its social context. Peer behaviors are a very important aspect of delinquent involvement.” APA Amicus Brief: “Adolescent behavior is also affected by its social context. Peer behaviors are a very important aspect of delinquent involvement.” “Delinquent behavior, peer associations, and delinquent beliefs together influence each other.” “Delinquent behavior, peer associations, and delinquent beliefs together influence each other.” Dept. of Justice Study (Hawkins, et. al., 2000): Delinquent peers a substantial risk factor for juvenile violence. Dept. of Justice Study (Hawkins, et. al., 2000): Delinquent peers a substantial risk factor for juvenile violence.

33. Poor Attention to Consequences APA Amicus Brief: “Behavioral studies indicate that adolescents often undervalue the true consequences of their actions. Instead, adolescents as a group often value impulsivity, fun-seeking, and peer approval more than adults do” APA Amicus Brief: “Behavioral studies indicate that adolescents often undervalue the true consequences of their actions. Instead, adolescents as a group often value impulsivity, fun-seeking, and peer approval more than adults do” “Levels of planning and thinking about the future increase as adolescents grow older.” “Levels of planning and thinking about the future increase as adolescents grow older.” Cauffman & Steinberg, 2000: A dramatic change in behavior occurs in normal adolescents some time between 16 and 19, especially with respect to “perspective-taking and “temperance.” Cauffman & Steinberg, 2000: A dramatic change in behavior occurs in normal adolescents some time between 16 and 19, especially with respect to “perspective-taking and “temperance.”

34. Forensic Assessment Implications Extrapolate from adolescents in general to the individual by evaluating maturity Extrapolate from adolescents in general to the individual by evaluating maturity Was there evidence of development delay in IQ testing? Was there evidence of development delay in IQ testing? Was there a history of functioning two or more grade levels behind peers? Was there a history of functioning two or more grade levels behind peers? Were there conditions of childhood/adolescence that cause emotional immaturity, (e.g, child abuse). Were there conditions of childhood/adolescence that cause emotional immaturity, (e.g, child abuse).

35. Psychosocial Maturity (Cauffman and Steinberg, 2000) Responsibility Responsibility Internal control and independence Internal control and independence Perspective Perspective Ability to see long-term and short-term consequences and the impact of one’s behavior on others. Ability to see long-term and short-term consequences and the impact of one’s behavior on others. Temperence Temperence Impulse control and restraint Impulse control and restraint

36. How to evaluate maturity? How to evaluate maturity? Insight Insight Acquired skills Acquired skills Problem-solving capacity Problem-solving capacity Behavioral Control Behavioral Control Value system (moral development) Value system (moral development) Feasible Plans Feasible Plans

37. What in the heck is ‘insight’? Classic Definition: “With perfect insight there is recognition of the abnormality through which the patient has passed” (MacCurdy) Classic Definition: “With perfect insight there is recognition of the abnormality through which the patient has passed” (MacCurdy) For Offenders: How did her “issues” ultimately lead to the offense? For Offenders: How did her “issues” ultimately lead to the offense?

38. BPH EVALUATIONS Was the evaluator aware of what happened at trial? (e.g., Was a confession used to convict? Was there an adequate psychological evaluation?) Was the evaluator aware of what happened at trial? (e.g., Was a confession used to convict? Was there an adequate psychological evaluation?) Did the evaluator address the four factors of Roper v. Simmons in understanding the developmental immaturity of the inmate at the time of the crime? Did the evaluator address the four factors of Roper v. Simmons in understanding the developmental immaturity of the inmate at the time of the crime? Did the evaluator chose appropriate test instruments to evaluate current personality health/pathology? Did the evaluator chose appropriate test instruments to evaluate current personality health/pathology?

39. Methodological Problems.. Absence of standard psychological testing to evaluate “personality disorder.” Absence of standard psychological testing to evaluate “personality disorder.” The use of the PCL-R. The use of the PCL-R. The use of the HCR-20. The use of the HCR-20.

40. Sentencing…. Edens (2001), citing a wealth of psychological research, states: Edens (2001), citing a wealth of psychological research, states: “To date, there have been no published longitudinal studies of the stability of psychopathy, as assessed by the PCL or other assessment tools (Child Psychopathy Scale, P-Scan, Psychopathic Personaltiy Inventory), from early adolescence through adulthood. “It is unclear to what extent some juveniles identified as psychopathic – particularly those whose classifications resulted primarily from elevations on the socially deviant lifestyle factor – may be more representative of the “adolescent-limited” type of offender whose antisocial behavior is likely to desist following adolescence. This fact alone would bar the courts from making consequential, long- term decisions about a juvenile offender based on a single assessment of psychopathy during teenage years.”

41. The HCR-20: Problems Interpreting and coding the items Interpreting and coding the items Reliability and validity of Structured Professonal Judgements Reliability and validity of Structured Professonal Judgements Lack of norms Lack of norms Absence of decision-making guidelines Absence of decision-making guidelines Lack of transparency Lack of transparency