Social Science Flashcards
Chronological Age Rules
Define minority status in terms of chronological status, not individual characteristics
Common Law Age Rules
Legal capacity - 21
Infancy defense - u/ age 7
Ages 7-13 - rebuttable presumption of infancy
Age 14+ - adult
Juvenile Law Social Science
Premised on empirical assumptions that young people are vulnerable, dependent and incompetent of making independent decisions
Gary B. Melton
Adolescents don’t think differently than adults
Elizabeth Scott
Just b/c adults and adolescents think about things the same way doesn’t mean they’ll reach the same conclusion experience weighs in. Peer influence (kids base self esteem on peer perceptions of themselves, go with the pack), perception of and attitude toward risk, and views of short-term consequences/rewards v. the future all are considered differently among adults and adolescents
Protectionist Theory
Vulnerability and dependence of children require the law to protect children against their own actions as well as against external injury. Precisely b/c of their lack of capacity, minors should be legally protected via special treatment
Coons
(1) child self-determination conflicts with the autonomy of supervising adults – politically and naturally (children are small, weak, inexperienced), children will always be subordinate to adults (2) unlike in adults, children’s liberty interest often must be subordinated to the child’s welfare interest (3) parental primacy is generally the most effective agent of child liberty b/c (i) normal parent has a selfish interest in the child becoming independent (ii)parents care the most about the child and that promotes decisions relating to autonomy (iii) parents have the most knowledge of the child’s own views (iv) family represents the best odds for successful pilgrimage through adolescence
Personhood Theory
Constitution supposes that every person has the capacity for autonomy and the right to equal respect for pursuit of autonomy
Richards
Treating people as equals requires respect for their capacity to take responsibility for their own lives. Interference is permitted only if (1) individual lacks rational capacities/opportunity to exercise them AND (2) irrational conduct is likely to lead to severe and permanent impairment of the capacity to achieve individual’s own ends. Some suggest childhood status may constitute an invalid suspect/semi-suspect classification (courts don’t recognize this – rational basis enough)
Batey
The law should accord the considered choices of competent adolescents the same treatment it accords similar choices of adults. Courts should enjoin parents from interfering with adolescent decisions unless parents establish that adolescent has made an immature decision
Mix of Protective and Personhood
where juveniles are permitted to make independent choices in some cases but are shielded from the full burden of the consequences.
Zimring “phase in” liberty interest by adopting one age that juveniles enjoy adult privileges and another, later age, for cutting off special entitlements and assessing full responsibility.
