Final Flashcards
The pre-frontal cortex is responsible for what?
Executive functions such as:
a) planning ahead
b) impulse control
c) judgement; weighing benefits & consequences
d) making complex decisions where you have to consider several things at once (such as thinking in context, considering long term goals, thinking ahead)
How is the pre-frontal cortex relevant to adolescents?
It is relevant because the functions of the pre-frontal cortex have not fully developed for adolescents
What is considered “emerging adulthood”?
Starting in the 1990’s this was considered a separate stage of development, which includes ages 18-24 because science and research has shown that people are still developing and evolving at that age.
What is “cognition in context”?
It means that teenagers may understand something perfectly in the classroom, but in real-world settings social social and emotional factors interfere.
What is an example of “cognition in context”?
Studies have shown that teens understand miranda rights when taught in class, however when places in a real world setting they tend to speak and not exercise their right to remain silent.
What is social cognition?
“Personal fable” - Myth of invincibility, “it won’t happen to me”, which leads to excessive risk taking in teens (even teens with high IQ’s) or “what I’m going through has never happened to anybody else”
At what age does susceptibility to peer pressure peek?
14-15
What happens when adolescents are 14-15 year old in regards to their peer group?
- Adolescents start replacing their parents judgements for their peer group judgement, which is a normal occurrence.
- Adolescents are in process of forming identity by combining parental values, peer values, and independent thinking.
What was the Lionel Tate case about?
- 12 year old boy left unsupervised with 6 year old girl and he ended up wrestling her and killing her.
- Tate was told to take a plea deal, but did not and ended up getting life in prison
- The sentence was later overturned on the grounds that his competence to stand trial should have been evaluated
What is meant by “early on set delinquency -> life course offenders?”
- Before age 12 the adolescent has a history of behavioral or conduct disorders
- Left untreated or without intervention they will go on to adult criminal behavior
What is meant by “late on set -> adolescence-limited offenders?”
These are adolescents that commit petty crimes (i.e: shoplifting, jumping turnstiles, etc.) as a teen (due to immature pre-frontal cortex, peer pressure), but stop committing these petty crimes (stop doing stupid things) by age 18 ) age of majority.
What is the problem with telling if for example, a 15 year old is going to be an adolescence-limited offender or a life course offender?
There is no clear way of telling this, there is no test to evaluate this
What is a discrepancy in regards to punishing juveniles?
There are discrepancies between laws being too easy or too hard on juveniles.
The progressive movement at the beginning of the 20th century led to what?
The progressive movement at the beginning of the 20th century led to the rehabilitative model for juveniles
Between 1909 and the 1920’s what was established that was distinct and different from criminal courts?
Juvenile courts were established, which were distinct from criminal courts and were established for juvenile offenders.
On what principles were juvenile courts established?
Juvenile courts were established based on the principle that the state’s role in handling juvenile crime was to serve as a sheltering, but wise parent who must guide the child into a better life. Advocates stressed similarity between young offenders and neglected children.
By 1925 every state had a separate juvenile justice system (T/F)
True
How was In re Gault (1967) a challenge to the rehabilitative model?
- Gerald Gault was sent to a juvenile facility for 6 years by a supreme court judge, when, if he had been tried as an adult he would have received at most 2 months & a $50 fine. However, because of the informality of the proceedings he was denied due process and was sentenced all based on hearsay.
- Supreme court then ordered procedural changes in juvenile court to make the proceedings more like those in adult court (due process, right to counsel)
What was happening in the 1980’s that caused moral panic?
- There was a rise in violent youth crime, which played on the fear that the welfare of society was not being promoted and jeopardized by teen gangs
- As a result many states changed the age at transfer to a lower age (a lot from 16 to 14) and crimes for which a child can be tried as an adult was expanded
Moral Panic
Intense media interest, public outrage and fear in response to the perceived threat, and politicians seeking to capitalize on public’s fears to win elections or retain popularity
What was proposition 21?
- Changed a lot of things that made punishment for juveniles much more harsher
- Promoted intensely to the public as a measure to combat criminal street gangs as the rise of youth violence in the 1980’s was mostly attributed to street gangs
- Fueled by moral panic
What do Scott and Steinberg argue in regards to “safeguarding/promoting the public interest”
Scott and Steinberg argue that the concept of “safeguarding/promoting the public interest” is more complex than when dealing with adult offenders. Here the public interest includes public safety and protecting the public, but also includes reducing youth crime, holding youths accountable, and producing non-criminal adults.
- More than short term public safety is needed to ensure long term public safety and to produce non-criminal, non-violent adults
What is mitigation?
- Mitigation has to do with surrounding circumstances at the time a crime is committed
- Circumstances that would lessen someone’s blameworthiness when committing a crime;
- Person is blameworthy enough o meet the minimal threshold of criminal responsibility but deserves LESS punishment than a typical offender
How is blameworthiness assessed?
- Choice theory
- Character theory
What is choice theory?
Did the person have a “fair opportunity” to not engage in harmful conduct/the crime that took place? Were they capable, at the time the crime was committed, to exercise free will?
How does choice theory relate to adolescents?
For adolescents choice theory is tainted by:
- Impulsivity
- Immaturity
- Peer pressure
- The fact that adolescents are financially dependent on parents and/or other adults and few 16-16 year olds are self-sufficient and are on their own they simply cannot walk away from violent, neglectful, uncaring homes or foster homes
What is character theory?
Is the criminal act a product of the person’s bad character
How does character theory relate to adolescents?
Even for teens with history of violent acts they cannot be diagnosed with personality disorder, or as sociopath (i.e: antisocial personality disorder) until 18 years old because the assumption is that personality and character is not stabilized before that age.
What are some mitigating conditions generally recognized in criminal law?
- Diminished capacity, especially in decision making. All teens have diminished capacity via prefrontal cortex.
- Coercive circumstances/situational mitigation: Teens cannot simply change their environment as they are usually financially dependent and cannot really change their neighborhoods, homes, or peer groups so easily
- Bad character
Do Scott and Steinberg argue for categorical or individualized mitigation.
Currently the court considers individualized mitigation, but Scott and Steinberg argue for categorical mitigation to avoid:
- racial and ethnic bias
- prevent moral panic that leads to changes in laws
- compatible with other laws (vote at 18, drink at 21, drive at 16,17,18)
What does proportionality refer to?
- Proportionality: a guide by which court assesses punishment schemes; in this way it potentially constrains illegitimate political forces in dictating criminal punishment
- Proportionality holds that criminal punishment should be measured by two criteria:
1. the harm the person causes and,
2. blameworthiness in causing the harm (intention to cause harm)
Why did the term developmental competence emerge?
- Developmental competence emerged as an issue in the mid 1990’s out of the concern that some youth facing charges in criminal or juvenile court may not be competent to participate in their own defense AFTER they commit a crime not because of mental illness or low IQ, but because of immaturity
How does developmental competence tie into other discussions in the book Juvenile Justice?
- It ties into issues discussed regarding immaturity in brain development, particularly the pre-frontal cortex (responsible for planning ahead, making decisions, impulse control)
- In addition hormonal issues, poor judgement, lack of experience, peer group as audience, knee-jerk reactions
How does developmental competence relate to diminish capacity?
Developmental competence ties into diminished capacity especially in decision making. All teens have diminished capacity especially in decision making. As Chief Justice Stevens wrote in Thomson v. Oklahoma, teens are less able to evaluate the consequences of their actions while more apt to be motivated by sheer emotion and peer pressure.
How is developmental competence different than low IQ and mental illness in adults?
Developmental competence different than low IQ and mental illness in adults because the majority of youth under age 16 (at least) can be considered developmental incompetent (because they all have diminished capacity as compared to fully grown adults)
How does the court incorporate the basic elements of fairness?
- A defendant must be competent to stand trial (at the time of proceedings) & involves:
1. Factual understanding
2. Rational Understanding
3. Capacity to assist counsel in their own defense
What is factual understanding?
The capacity to learn about defendants’ rights, charges, possible plea deals, steps in judicial proceedings, role of various participants (e.g: law guardian, prosecutor, etc.). Also involves ability to learn from relatively brief instruction.
What is rational understanding?
Must comprehend the implications, relevance, significance of what they come to understand factually (e.g: what they should tell their lawyer)
- intellectual, emotional, psychosocial immaturity may undermine ability to accurately grasp the implications of something that may be understood factually (e.g.: once teen thought that the right to remain silent means to stay silent until the police asks a question)
- Research studies on how kids may understand something in a classroom, but in the real world are not able to apply what they learned, especially when a lot of things are going on at once.
- Teens often have distorted beliefs
What is meant when someone has the capacity to assist counsel/assist in their own defense?
- Do they understand the attorney’s role? Many kids believe they are against them
- Ability to receive and communicate information can be impaired with attention, memory, concentration, focus.
- Can they provide a coherent story?
- Ability to weigh options: an ability that kids lack because of their inability to weigh alternatives, think ahead, consider long-term consequences rather than making an impulsive decision.
- Also involved risk perception, understanding probability, and understanding how others may view you.
