Criminal Law in Bergen County: Juvenile Defendants Therapeutic Screening of Juvenile Defendants and the Problem of Self-Incrimination

CRIMINAL IN BERGEN COUNTY: JUVENILE DEFENDANTS

THERAPEUTIC SCREENING OF JUVENILE DEFENDANTS

AND THE PROBLEM OF SELF-INCRIMINATION

A study conducted by Columbia University in 2004 concluded that 78% of children in the criminal justice system are under the influence of alcohol and drugs while committing their crimes.

In the last few years New Jersey has implemented a number of mental health and substance abuse programs in the preliminary stages of a prosecution involving juveniles to determine if any special conditions have influenced the juvenile’s conduct. Needless to say, these evaluations require the juvenile to disclose rather sensitive personal information, including information which sometimes leads to new or more serious charges.

Last year, New Jersey’s Legislature passed a law that required reports and records relating to mental health and drug abuse services given to juveniles to be kept confidential prior to an adjudication of delinquency. After a finding of guilt has been entered, the trial judge may receive this protected information to assist in framing an appropriate disposition.

This statute was called Eddie’s Law. It was named after Eddie Sinclair, who committed suicide in a juvenile detention center after violating probation over a stolen bicycle.