Assignment task:
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Two crimes that juveniles can commit and sentences as adults are murder and sexual assault. Juveniles who commit murder, particularly first-degree or premeditated murder, are frequently prosecuted as adults because of the serious nature of the offense. Numerous states in the U.S. have regulations that automatically move juveniles charged with homicide into adult court. Violent sexual crimes that involve the use of a weapon or lead to significant bodily injury can result in juveniles being tried as adults. Such cases are often deemed too serious to be managed within the juvenile court system (Justia, 2024).
Moving juveniles to adult court, often called "waiver" or "transfer," differs from state to state. A waiver hearing takes place where both sides present their evidence and arguments. The seriousness of the crime, the juvenile's age and level of maturity, previous criminal history, the likelihood of rehabilitation in the juvenile system, and the extent of intent, violence, or premeditation are all considered. If the judge determines adequate reasons, the case will be moved to adult court (Justia, 2024).
When deciding if a minor should be moved to adult court, judges and legal experts evaluate various developmental factors to determine if the minor has the maturity, cognitive abilities, and moral comprehension required to be held accountable as an adult. Young people generally display less mature cognitive functions than adults, especially in areas controlled by the prefrontal cortex, which is crucial for impulse control, risk evaluation, and decision-making. The development of moral reasoning and emotional regulation persists into late adolescence. Teenagers are particularly vulnerable to peer influence and external factors, often resulting in impulsive or reckless actions (Reppucci, N. D., Michel, J. L., & Kostelnik, J. O., 2009).
Forensic psychologists are essential in evaluating a juvenile's developmental, cognitive, and emotional capabilities to ascertain if they should be prosecuted as adults. They gauge IQ, reasoning skills, and understanding of legal processes. Additionally, they identify any background of trauma, mental health issues, or environmental influences that may have led to the crime. They also pinpoint deficits in executive functioning, impulse control, or emotional regulation. Forensic psychologists assess the probability of reoffending and evaluate if the juvenile could gain from rehabilitative services within the juvenile justice system. Finally, they determine whether the juvenile comprehends court procedures and can actively participate in their defense (Walker, C. M., & Woody, W. D., 2011).
An ethical issue for forensic psychologists is maintaining evaluations that are based on objective evidence. For example, they weigh the importance of community safety against a young person's ability to develop and rehabilitate and evaluate the lasting effects of an adult criminal record on a young person's future. Forensic psychologists offer expert insights into the cognitive development and competence of the juvenile, the influence of trauma or mental health conditions on behavior, and the suitability of rehabilitation compared to punitive approaches. Need Assignment Help?
Justia. (2024). Juvenile Crimes & the Legal System. Criminal Law Center.
Reppucci, N. D., Michel, J. L., & Kostelnik, J. O. (2009). Challenging juvenile transfer: Faulty assumptions and misguided policies. In B. L. Bottoms, C. J. Najdowski, & G. S. Goodman (Eds.), Children as victims, witnesses, and offenders: Psychological science and the law. (pp. 295-312). The Guilford Press.
Walker, C. M., & Woody, W. D. (2011). Juror decision making for juveniles tried as adults: the effects of defendant age, crime type, and crime outcome. Psychology, Crime & Law, 17(8), 659-675.