Citation

Ban Juvenile Transfer in Homicide Cases: Brain Development and the Need for Blended Sentences

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Abstract:

The transfer of juvenile homicide cases to the adult court system hinders the development of an appropriate societal and legal response to juvenile violence. Recent neuroscience evidence supports what conventional wisdom suggests - children and adults have important developmental and neurocognitive differences and should not be held to the same standards in the justice system. As a first step to reversing this misguided trend of holding juveniles to the same standards as adults, juvenile transfer for homicide cases to adult court should be abolished for those accused of committing offenses prior to age 18. Instead, States should adopt a blended sentence approach that allows juvenile and adult courts to work in concert to impose developmentally appropriate punishments. This essay (a) reviews juvenile homicide trends; (b) describes juvenile transfer; (c) discusses precedent for differentiating children and adults; (d) reviews neuroscience findings on the differences in brain structure and function between children and adults and the implications for juvenile homicide cases; (e) argues the reasons juvenile transfers are inappropriate; and (f) calls for a ban of juvenile transfers for homicide cases and proposes a blended sentence approach.
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Association:
Name: ASC Annual Meeting
URL:
http://www.asc41.com


Citation:
URL: http://citation.allacademic.com/meta/p373521_index.html
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MLA Citation:

Pettus-Davis, Carrie. and Garland, Eric. "Ban Juvenile Transfer in Homicide Cases: Brain Development and the Need for Blended Sentences" Paper presented at the annual meeting of the ASC Annual Meeting, Philadelphia Marriott Downtown, Philadelphia, PA, Nov 03, 2009 <Not Available>. 2014-11-28 <http://citation.allacademic.com/meta/p373521_index.html>

APA Citation:

Pettus-Davis, C. and Garland, E. , 2009-11-03 "Ban Juvenile Transfer in Homicide Cases: Brain Development and the Need for Blended Sentences" Paper presented at the annual meeting of the ASC Annual Meeting, Philadelphia Marriott Downtown, Philadelphia, PA <Not Available>. 2014-11-28 from http://citation.allacademic.com/meta/p373521_index.html

Publication Type: Paper "Policy Proposal"
Review Method: Peer Reviewed
Abstract: The transfer of juvenile homicide cases to the adult court system hinders the development of an appropriate societal and legal response to juvenile violence. Recent neuroscience evidence supports what conventional wisdom suggests - children and adults have important developmental and neurocognitive differences and should not be held to the same standards in the justice system. As a first step to reversing this misguided trend of holding juveniles to the same standards as adults, juvenile transfer for homicide cases to adult court should be abolished for those accused of committing offenses prior to age 18. Instead, States should adopt a blended sentence approach that allows juvenile and adult courts to work in concert to impose developmentally appropriate punishments. This essay (a) reviews juvenile homicide trends; (b) describes juvenile transfer; (c) discusses precedent for differentiating children and adults; (d) reviews neuroscience findings on the differences in brain structure and function between children and adults and the implications for juvenile homicide cases; (e) argues the reasons juvenile transfers are inappropriate; and (f) calls for a ban of juvenile transfers for homicide cases and proposes a blended sentence approach.


Similar Titles:
Does Mode of Transfer Impact Adult Court Sentencing Outcomes for Transferred Juveniles? An Inter-Jurisdictional Study

Public sentiments on punishing juvenile offenders: Should juveniles who commit non-homicide offenses receive life sentences?

Different from Adults: An Updated Analysis of Juvenile Transfer and Blended Sentencing Laws, With Recommendations for Reform

Juvenile Psychopathy and Mock Juror Sentencing: Do Diagnostic Labels Impact Juvenile Offenders Transferred to Adult Court?


 
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