Children & the Law I: Editorial (original) (raw)

How Courts in Criminal Cases Respond to Childhood Trauma

2019

Neurobiological and epidemiological research suggests that abuse and adverse events experienced as a child can increase an adult’s risk of brain dysfunction associated with disorders related to criminality and violence. Much of this research is predictive, based on psychological evaluations of children; few studies have focused on whether or how criminal proceedings against adult defendants consider indicators of childhood trauma. This Article analyzes a subset of criminal cases pulled from an 800-case database created as part of an original, large-scale, empirical research project known as the Neuroscience Study. The 266 relevant cases are assessed to determine the extent to which, and the methods whereby, criminal courts weigh and respond to childhood trauma evidence. This Article first creates a systematic and detailed definition of what constitutes childhood trauma evidence based on 20 factors, including physical and verbal abuse, dysfunctional upbringing, brain damage or injury...

Psychological Assessment of Minors Involved in Civil and Criminal Proceedings, Through Projective

Pharmacophore, 2023

In protecting the rights of children, the courts have an extremely important role, that of promoting and guaranteeing these rights regarding personal identity, family life, protection against violence, and ensuring the realization of their rights. As practitioners of law and psychology, we highlighted the opportunity and necessity of relaunching the discussions between specialists: magistrates/judges and prosecutors, psychologists, in the context where the courts are an unknown and authoritarian environment for children, and the multidisciplinary approach would contribute to the realization of an act of justice appropriate to the needs of children and can be a premise that can lead the courts and prosecutors to adopt a new way of solving such cases. This article supports the importance of the psychological assessment in the decision of the magistrate, considering the best interest of the minor. From the children's perspective, the courts are unfamiliar and intimidating places, which is why it is necessary to collaborate between specialists: magistrates, psychologists, social workers, counselors, and medical personnel to contribute to the achievement of a specific, qualitative act of justice appropriate to the particularities of children.

Some Mother's Child Has Gone Astray': Neuroscientific Approaches to a Therapeutic Jurisprudence Model of Juvenile Sentencing

2020

There is a robust body of evidence that tells us that the juvenile brain is not fully developed by age 18, and this evidence should and does raise important questions about the sentencing of juveniles in criminal cases. This evidence, though, must be considered in the context of public opinion (about certain juvenile crimes that have been subject to saturation publicity) in the context of judges’ decisionmaking (where such judges do not want to be perceived as “soft on crime”). The conflict between what we now know and what (false) “ordinary common sense” demands (in the way of enhanced punishments) flies squarely in the face of therapeutic jurisprudence precepts. If the legal process is to seek to maximize psychological well-being and if it is to coincide with an “ethic of care,” then, it is necessary for those involved in the criminal justice system to speak publicly about this topic, and to “call out” those – be they elected politicians, editorial writers and commentators in the ...

Children aged 10 to 13 in the justice system: Characteristics, alleged offending and legal outcomes

2024

This study sought to generate new knowledge about children aged 10 to 13 years who are charged with offending, including their characteristics and support needs, the application of doli incapax provisions with this group, and their offending, criminal justice outcomes and trajectories. The study analysed data from national criminal justice statistics, Victoria Police and Children’s Court, a sample of doli incapax assessment reports, and consultations with professionals. The findings indicate that the alleged and proven offending of 10–13-year-olds is predominantly non-violent and time-limited, and this is particularly the case for younger children in this cohort. The study also identified significant opportunities to improve early therapeutic and social support interventions for children aged 10 to 13 years who have alleged offending and concluded that the legal presumption of doli incapax should be applied, interpreted and recorded in a more consistent and rigorous manner by police, clinicians undertaking doli incapax assessments, and the Children’s Court.

“Some Mother's Child Has Gone Astray”: Neuroscientific Approaches to a Therapeutic Jurisprudence Model of Juvenile Sentencing1

Family Court Review

There is a robust body of evidence that tells us that the juvenile brain is not fully developed by age 18, and this evidence should and does raise important questions about the sentencing of juveniles in criminal cases. This evidence, though, must be considered in the context of public opinion (about certain juvenile crimes that have been subject to saturation publicity) in the context of judges' decisionmaking (where such judges do not want to be perceived as “soft on crime”). The conflict between what we now know and what (false) “ordinary common sense” demands (in the way of enhanced punishments) flies squarely in the face of therapeutic jurisprudence precepts. If the legal process is to seek to maximize psychological well‐being and if it is to coincide with an “ethic of care,” then, it is necessary for those involved in the criminal justice system to speak publicly about this topic, and to “call out” those – be they elected politicians, editorial writers and commentators in ...

Nobody Made the Connection: Neurodisability in the youth justice system. Published by the Office of the Children's Commissioner for England

Following an extensive, structured literature review of research from a variety of academic disciplines, as well as evidence published by key health and justice organisations and government departments, the report compare the rates of specific neurodevelopmental disorders amongst young people in custodial institutions to those within the general youth population. In doing so, the authors demonstrate a disproportionate prevalence amongst young people in custody of a range of disorders. It then considers the implications of these findings for policy and practice responses.