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The Evolving Relationship Between Judicial Decision Making and Clinical Judgment  

Author:  Paul R.  Falzer, Ph.D..

Source: Volume 07, Number 01, November/December 2005 , pp.3-4(2)

Correctional Health Care Report

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For juveniles who are in detention, a judicial hearing determines whether they will be remanded or released pending adjudication of their charges. Those who are detained will make an appearance at a subsequent classification hearing, in which a decision is made to house them in a secure or non-secure faculty. In the State of Connecticut, classification is an administrative decision with judicial oversight; in other states, classification decisions are made at judicial proceedings. Even decisions that are routine involve deliberation and follow from a systematic consideration of factors such as the nature of a criminal offense, an arrestee’s criminal history, risk of flight, propensity for violence, risk to self, and threat to the community at large. Each decision, from arrest through disposition, has direct and immediate consequences for the individuals involved, and it has a bearing onthe decisions and activities that follow it.

Keywords: Monahan, Actuarial Approach, IDT Model, Lawrence Tribe, SAVRY, NDM, SPJ

Affiliations:  1: Yale School of Medicine.

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