You are a specialist in adolescent development and have been invited to serve as an expert witness in a high-profile case. The case involves a 15-year-old girl who is being charged with a gruesome first-degree murder. The judge would like to hold this girl to the same standards of criminal responsibility as he would an adult. For this reason, the judge has chosen to process this girl in a criminal court. Do you think the teenage murderer would be competent to stand trial in a criminal court? Based on what you know about the legal boundaries between childhood and adulthood, do you agree with the judge's decision? Where does our society typically draw the line between adolescence and adulthood?
What will be an ideal response?
It is possible to view juveniles as less blameworthy than adults because they might be less able to foresee the consequences of their action and less able resist the pressure of others to engage in antisocial activity. Additionally, students can include biological and cognitive reasons from other chapters that might act as mitigating factors (e.g., brain development-prefrontal cortex developing after limbic system). A good answer will explain the difference between juvenile court (for young people) and criminal court (for adults) and also explain that sometimes juveniles who commit serious crimes can end up in criminal court. Development during adolescence is so rapid and so variable between individuals that it is difficult to know at what chronological age a line should be drawn between legally viewing someone as an adult versus viewing him or her as a child. The problem is compounded by the fact that we draw the boundary at different places for different purposes. As such, in essence, the judge is saying that the girl is behaving in an "adult" manner when she murders someone and deserves the same punishment that an adult would receive for that crime; however, she is not "adult enough" to drive a car, drink alcohol, or watch R-rated movies. There are many inconsistencies in where we draw the legal boundary between childhood and adolescence. Also, it is possible that she might not be competent to stand trial in a criminal proceeding. Researchers examined the competence to stand trial in a sample of 11- to 24-year-olds. Results indicated that about one-third of those ages 13 and younger, and one-fifth of 14- to 15-year-olds, were as impaired in their abilities to serve as a competent defendant as were mentally ill adults who had been found not competent to stand trial. This study suggests that courts should not assume that younger adolescents, even those who are not mentally ill or retarded, are necessarily competent to be tried as adults, and that juveniles' competence to stand trial should be evaluated before their cases can be heard in adult court.
Key Points:
a) Explain possible reasons adolescents might be less blameworthy for their transgressions than adults.
b) Address difference between juvenile and criminal court.
c) Discuss difficulties drawing legal boundaries.
d) Discuss inconsistencies in legal boundaries.
e) Discuss competency research.
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