A Framework For Criminal Evaluation
| 1. Evaluate the nature, wrongfulness, and potential illegality of the alleged acts including the following aspects: |
| a. Assessment of the person's level of developmental maturity, history of prior aggressive or problematic behavior, and any prior legal history |
| b. Assessment of three aggravating categories: |
| i. Degree of sexuality (i.e., presence of a prominent sexual component to the online communications) |
| ii. Degree of intensity (based on number of harmful messages, number of participants, recurrence, and duration of time communications were accessible online) |
| iii. Degree of violence (if communication posed an actual threat to the victim and to what extent, level of detail and violence of the communication) |
| 2. Determine the nature and pattern of the cyberbullying |
| 3. Establish a clear understanding of the relationship between the accused person and decedent, including whether they had an in-person relationship or a purely online relationship |
| 4. Review the online environment in which the cyberbullying occurred and if there was only cyberbullying or in-person bullying as well |
| 5. Clarify whether the accused person acted to aid or facilitate the suicide |
| 6. Assess the psychology of the accused, including a complete psychiatric evaluation with special attention to the following areas |
| a. Pre-existing history or current symptoms of mental illness, particularly associated with suicidal ideation matching the time course of the offense |
| b. Nature of school environment, including school performance and any history of missing school or delinquency |
| c. Assessment of social functioning and activities of daily living |
| d. Nature of home environment, including any substantial separations from the family, nature and character of family arguments, early risk factors for conduct problems, inconsistent parenting, neglectful or severe discipline, violence at home, absent parents or caregivers, substance use disorders or unaddressed mental health needs in parents or caregivers, and criminal justice involvement in family members |
| e. Presence of prosocial or antisocial tendencies, with the latter including antisocial values or general deviancy, a history of antisocial behaviors, pro-offending attitudes, impulsivity, deviant interests, or history of other problematic Internet use37 |
| f. History of neurological conditions, intellectual disability, autism spectrum disorder, seizures, head injuries, or organic brain disease that may limit the individual's ability to understand appropriate interactions |