Consider the issues and information discussed in the article , “Less Guilty by Reason of Adolescence,” ATTACHED
Do you agree with the ideas presented in the article? Why or why not? Compose a discussion post explaining your opinion. Be sure to support your ideas and incorporate specific concepts from class. Also be sure to responded to 2 classmates posts.
BELOW ARE CLASSMATES DISSCUSSION POSTS
Classmate 1:
“I agree with the ideas presented in the article “Less Guilty by Reason of Adolescence.” The ideas outlined in this article align with the protectionist theory which is the idea that the role of the law is to protect children from the consequences of their actions. I agree that this theory can be applied to severe consequences, like the death penalty, for minors because the lac of culpability that children tend to have. The article outlines many examples of this including short-sighted decision-making, poor impulse control, vulnerability to peer pressure, and many others. Where people disagree with this idea is in the argument that “youths who have committed violent crimes need more than a slap on the wrist from a juvenile court”. My response to that argument would be that it is important to focus on rehabilitation versus punishment when discussing minors as to give them the best chance to becoming a functioning member of society. The article even writes that only a very small percentage of juvenile offenders are a danger to their community after exhausting other resources. This idea is also presented in the case of Graham v Florida. In the US Supreme Court case, it was decided that courts cannot impose a mandatory life sentence without parole for minors. The court’s reasoning for this is that states must “allow for possibility of reform and rehabilitation in the case of juvenile offenders”. In my opinion, the same thought process should be given for the death penalty and other severe criminal punishments for minors.”
Classmate 2:
“I agree with the ideas presented in the article “Less Guilty by Reason of Adolescence.”
A person’s status as an adolescent should be seriously considered during the criminal prosecution process. The statement that stuck out to me was, “Such factors don’t make a person exempt from punishment – rather, they indicate that the punishment should be less than it would be for others committing similar crimes, but under different circumstances.” Recognizing that juveniles are different from adults is not a way to get them out of punishment. The entire purpose of the juvenile justice system is to make sure that juveniles are held accountable for their crimes while also promoting rehabilitation and treatments.
The article explains that adolescents are subject to short-signed decision-making, poor impulse control, and vulnerability to peer pressure. A person’s intelligence and decision-making abilities doesn’t even begin to match that of an adults until age sixteen. The article further explains that brain maturation continues on even after the age of eighteen. A juvenile who commits a crime for example, at age twelve, does not have the same cognitive abilities as an adult. Adolescents are occupied by immediate rewards. This may lead them to engage in riskier activities, and keeps them from considering the consequences of their actions.
Once again, the article states that juveniles should not escape punishment, but rather the “developmental stage of adolescence is a mitigating factor when juveniles are facing criminal prosecution.” The juvenile justice system is there to make sure that adolescents are punished appropriately, and are given resources to help them in the next stages of their life, with the goal of keeping them from reoffending. Like we discussed in previous modules, this is for the benefit of both the juvenile and their community. Rehabilitation and treatments allow for juveniles to return as a functioning member of society. Juveniles who have exhausted the resources given by the system will then face other consequences.”
Classmate 3:
“I agree with the ideas presented in the article. When looking at crimes committed by juveniles, it is important to consider all factors when making a decision on punishment. The text states, “As the accompanying figure indicates, although intellectual abilities stop maturing around age 16, psychosocial capability continues to develop well into early adulthood.” (2) This shows that juveniles are not equipped with the proper skills to make decisions that can make or break their future. This also relates to the article’s point on short-sighted decision making, which I can relate to personally. A lot of the time when I was younger, I was unable to see the big picture and wanted things my way in that exact moment. I feel like a lot of juveniles go through the same thought process when committing crimes which makes it unfair for them to be sentenced to life in prison or put to death due to their inability to see the big picture. Peer pressure may play the biggest role in juveniles committing crimes. When you’re younger, everyone wants to look “cool” in front of their friends, which can make it hard to say no to something even when you know it may not be the right thing to do. “
