27, July 2012
They are no rubric to determine should a child be charge as an adult, because different patterns of behaviors and variable are to be considered as to what grant the state to prosecute a child. There are ways to investigate a child mental development. However, we must ask the question how is the child raise? Who are the parents? Is there structure in the home? Neglect and abuse. These questions help us understand the history and upbringing to configure the state of mind of the child. When these question are answer we find in 75% of young felon are from dysfunctional families, where there is no structure in the home. They’re isolated from society and lack normal social skills necessary to interact in society. In the beginning of the twentieth century juvenile court was consider to be a surrogate parent, a processed to encouraged rehabilitation, character and development rather than incarceration.
In today’s agenda “Adult time for Adult crime “looks at the seriousness of the offense, regardless of the age of the offender. Now another question must be answer as well is the child competency to stand trial. Two specific competencies are needed to be tried in criminal court (1) The individual must be competent to assist counsel and make decision, about waiving rights, entering pleas etc… (2) To demonstrate reliable episodic memory, extend thinking in the future and able to understand & articulate their own motive and psychological state.
Children are not able to think like adults they may commit the same crime as adults but not emotionally and cognitively capable of understanding their action. Jean Piaget (1896-1980) a psychologist employed at the Binet Institute in the 1920’s became intrigue with how children think when ask certain question that require to use logical thinking, as an results the children gave incorrect answers. These tests were constructed to reveal the different cognitive abilities...