On August 3, 2026, the National Association of Social Workers (NASW) joined the American Psychological Association (APA), the New York State Psychological Association (NYSPA) and the American Association for Marriage and Family Therapy (AAMFT) in filing an amicus “friend of the court” brief with the New York Court of Appeals in the People v. Ogden.
The brief presents the court with psychological research on whether adolescents have the developmental capacity to knowingly, intelligently, and voluntarily waive their right to appeal, as part of a plea agreement.
The brain’s prefrontal cortex is the region of the brain responsible for advanced cognition self-regulation, and judgment, and it is also among the last to fully develop, often not maturing until a person’s mid-twenties. As a result, adolescents facing unfamiliar high-pressure legal decisions like plea bargaining tend to discount future consequences in favor of immediate benefits, oversimplify complex legal terms, and defer to authority figures such as judges and attorneys.
While adolescents are capable of sound decision-making in more calm and deliberative settings, the brief argues that the stress and time pressure of plea bargaining specifically undermine their ability to knowingly, intelligently, and voluntarily waive important legal rights.
For NASW, this amicus brief reflects our ongoing support of children and youths who enter the juvenile criminal-justice system and to educate the public about the psycho-social and developmental factors impacting their decisions, and ability to assess risk under high-pressure and stress.
NASW urges courts in the United States to thoroughly consider adolescent development when determining whether a young person knowingly, intelligently, and voluntarily waives an important legal right.
