The Pros And Cons Of Lowering The Age Of Criminal Competency

Youth and juvenile crime is a common and serious issue in current society, and people, especially parents and educators, are pretty worried about the trend of this problem. According to Bala and Roberts, around 17% of criminals were youths, compared to 8% of Canadian population ranging between 12 to 18 years of age between 2003 and 2004 (2006, p37). As a big federal country, Canada has taken a series of actions since 1908. So far, there are three justice acts in the history of Canadian juvenile justice system, the 1908 Juvenile Delinquents Act, the 1982 Young Offenders Act, and the 2003 Youth Criminal Justice Act. In Canada, the judicial system and the principle of these laws have been debated for a long time. This paper will discuss how

Researchers can look at the brain of a teen to examine their behavioral decisions.Teenage brains these years are more active and dynamic which means it’s still developing.Processing in the Limbic system is a result of risky behavior.The construction of a teenage thinking brain is not cable of fully processing necessary to make responsible decisions.At this stage the brain is still developing.The brain changes depending on interactions, helpimg the teen make changes. At this time the brain will need focused and support for a healthy connection.Surrounding impacts the child faces such as challenging situations is an effective technique.Parents need to consider the teens emotional

The article “Inside the Teen Brain’ by Marty Wolner, states that the human brain provides parents with shocking new evidence to possibly explain the sometimes irrational, illogical, and impulsive behavior of teenagers. Teenage years are radically more active and dynamic than they previously thought. So teenagers are left with most of the information reaching their brains being processed in the emotional part (limbic system). Information processed in the limbic system without benefit increases the processing in the prefrontal cortex. It may result in impulsive, egocentric, and maybe even risky behavior choices. The prefrontal cortex of the teenage brain does not excuse inappropriate or irresponsible behavior from the teen. The brain is not yet

Considering the behaviors of an adolescent in the same manner as that of an adult is unfair. Juvenile brains are still developing, which means that they perform differently than adult brains (AACAP). Adolescents are more likely to act on impulse, get involved in fights, and engage in risky or dangerous behavior. They are less likely to think before they act or consider the consequences of their actions (AACAP). Weighing this scientific fact, it is unfair to assume that a juvenile committed a delinquent act with the same forethought of an adult. The mental development of a juvenile makes it difficult to prove that they established the mens rea equal to that of an adult guilty of the same offense.

When it comes to the teenage brain it’s obvious that they aren’t fully developed. According to Frances Jensen “a mother, author and neurologist” (83), a teenager is missing the frontal and prefrontal lobes of the brain in which adults possess. “The frontal lobes are the seat of what’s sometimes called the brains executive function and is responsible for planning, for self-awareness, and for judgement” (84). Being that a teenager lacks planning, self-awareness and judgement due to a missing brain function, they are subject to not thinking and being aware of circumstances in a difficult situation. For example, Kolbert states that her adolescent sons participate in a “fun pastime known as a ‘case race’” (83). A case race is when “participants form two

Consequently, teenagers are often impetuous and have a difficult time controlling their emotions. However, this does not serve as an excuse for committing crimes with great magnitude such as murder. In The Sacramento Bee, Greg Krikorian published the results of a study conducted by a University of Massachusetts professor in an article titled “Many Kids Called Unfit for Adult Trial.” According to the findings of the study, “performance in reasoning and understanding for youths ages sixteen and seventeen did not differ from those at least eighteen years of age.” (Greg Krikorian 7) Although younger teenagers may not have the same reasoning potential, based on the performed study, sixteen- and seventeen-year-olds, in comparison to adults, have very similar thinking abilities. Thus, the brain development of these teenagers is almost, if not completely, finished. As a result, trying teenagers ages sixteen and up as juveniles is not fair to adult convicts, considering the fact that both groups have the same reasoning abilities. Thus, juveniles ages sixteen and up should be tried as adults. However undeveloped their brains may be, teenagers fully understand the consequences of their

As a teen, the human brain is not yet fully developed. One’s cognitive ability falls short to the ability of an adult brain, which has had more time and is fully developed. In the article, “Startling Finds on Teenage Brains”, research given during a televised conference at the White House shows that teens impulsive and erratic behavior can be linked to the massive loss of brain tissue that occurs during the teen years. With teen brains not being fully developed, and the research explaining and linking their behavior to their brains, I believe

It is understood that at an early age, it is impossible to some advocates, for children to have the mental ability like that of a normal adult, to plan and execute a crime and moreover to understand the consequences of it. Therefore it is controversial where or not to try them as adults. During the adolescent years, it is asserted that a child becomes mature and begins to understand important concepts like society and expectations they are still trying to deal with society, their own inner battles of peer pressure, lack of direction, impulsiveness and lack of identity, according to the Legal and Justice Center. At

Treating adolescents and adults as one entity creates issues because adolescents differ significantly from adults in their capacity to make sound decisions. Studies clearly illustrate the brain is still constructing pieces of decision-making and behavior throughout adolescent years and lack the ability to fixate on the consequences of their behavior. These vulnerabilities cultivate impulsive reactions and cloud judgment choices. Because of this, teens benefit more from the juvenile system which focuses on punishment and treatment, unlike adult court which concentrates on punishment and incarceration (Toshumba). As a result of incomplete brain development, characteristics including personality, temperament, mentality, and

Research in adolescent brains has shown us that they use their amygdala to make decisions. Amygdala is responsible for fear and anxiety making juveniles reliance on it quite dangerous. In male adolescent in particular we see an increase in testosterone which increases aggression and in females the increase of hormones causes depression & anxiety causing irrational choices. (American Bar Association, 2003) Often the underlying issue behind juvenile delinquency is due to factors that they juvenile cannot control. Growing up in situations where there was substance abuse, being the victim of physical or sexual assault can trigger

In today’s society there has been an increase in the crimes committed by juveniles. Most juveniles have underlining factors that have caused them to choose this type of lifestyle. Many children in the juvenile system have come from impoverish stricken neighborhoods and are festered with gang activity which has made them a product of their environment. The minds of adolescents do not allow them to see how they are affecting their lives. A study was conducted, and according to the article, “Adolescents in Adult Court: Does the Punishment Fit the Criminal?”, when children mature, they will look back at their past and possibly leave their surroundings. Think about two people committing the same crime, both with the same thought process and ability to make decisions, except one is a juvenile and the other is grown. Due to the lack of experience in decision-making or the time to evaluate the situation like the adult, the youth should be viewed as irresponsible. The fact that a child’s mind is still maturing should reassure people that they will not be the same person incarcerated a few years later.

This ability of reasoning leads adolescent to be rebellious, because they can understand that adult’s rules are not necessarily legitimate all the time. For instance, “A 14-years- old becomes acutely aware of the difference between what adults say they do and how they really act.” Billy showed this kind of cognitive ability, and he was rebellious towards his father Billy Ray and especially to Norm. He said to Norman “don’t tell me what to do”. Adolescents develop a hostile perception about adults. They become critical about their parents and the community they live in as a whole.

Many young adolescents who have committed horrendous crimes have been a huge topic amongst the Supreme Court. Whether young adolescents are viewed as innocent, naive children to the public, this not changed the fact they can commit brutal crimes. In spite of the fact that adolescents have committed brutal crimes such as murder, one needs to understand that their brains are not as fully developed as an adult brain would be. Adolescents should not be trialed to a life sentence or attend adult prisons; however, they should be punished for their actions and undergo rehabilitation programs to help them be prepared to fit in with the rest of society.

Serious crimes such as murder, burglary and rape have raised questions as to whether the young offenders should face severe punitive treatment or the normal punitive measures in juvenile courts. Many would prefer the juveniles given harsh punishment in order to discourage other young people from engaging in similar activities and to serve as a lesson to these particular offenders. However, results from previous studies indicate such punitive measures were neither successful nor morally acceptable. Instead, the solutions achieved have unfairly treated the youths and compromised the society status (Kristin, page 1).

A number of researchers have suggested over years that teenage brains are not yet fully developed. At the National Institute of Mental Health researchers have studied the human brain ever since the stage of birth all the way to adulthood, to prove that the brain is not complete. When it comes to this topic, Americans assume that if a teenage commits a crime than they should not be held accountable because of their age. Yet they must consider that teens are capable of understanding the situation they are in, how they are looked upon as young adults,, and how they should learn from their mistakes.