Implementing Forensic Psychology to Assess Criminal Responsibility in Juvenile Offenders

Abstract

Almost every juvenile offender is diagnosed with one or more categories of mental disorders. Currently, the role of psychology at the police level in handling juvenile offenders serves as a supplementary element when deemed necessary, as stipulated in Article 27 of Law No. 11/2012. This forensic psychology process provides the legal system with clinical data and analyses of the defendant's mental function, mental status, and capacity at the time of the alleged crime. By producing assessments, forensic psychologists offer law enforcement agencies a basis for making informed decisions regarding criminal responsibility and appropriate measures for juvenile offenders. This article focuses on the influence of psychology on criminal responsibility and the role of forensic psychology in determining criminal responsibility during the investigation of juvenile offenders. The research method employed is normative-legal research. The findings indicate that the element of fault is synonymous with the element of criminal responsibility, with fault being fundamentally psychological. The central role of clinical psychologists in evaluating criminal responsibility for juvenile offenders involves obtaining and providing the legal system with clinical data and analyses of the defendant's mental function, mental status, and capacity at the time of the alleged crime. This includes determining whether the defendant was suffering from mental disorders, mental illness, mental disabilities, or mental retardation at the time of the alleged crime. The emphasis is on documenting criminal histories related to the emotional or mental condition of juvenile offenders.

Keywords

• child
• criminal liability
• forensic psychology investigation