Science Offers Rational for Difference in Adult and Juvenile Sanctioning

The separation of adult and juveniles in the justice system was caused by a change in ideologies regarding juvenile offenders.  Through increased research spanning multidisciplinary scientific fields, it has become recognized that juveniles vary greatly in comparison to adults.  These variations demand and justify sentencing and correction treatment that is different for adult and juvenile offenders.  Juveniles differ mentally, psychological, and socially in comparison to adults.  Further examination of these aspects outlines the significant differences between juvenile and adult offenders, and the necessity to sentence each group accordingly. 

Significant neurological differences have been found between juvenile and adult offenders.  During adolescence the brain has yet to fully develop, unlike an adult’s.  More specifically the frontal lobe of the brain in adolescents remains underdeveloped; the frontal lobe of the brain is responsible for regulating decision making, problem solving, control of behavior, and emotions. (National Institute of Health) An underdeveloped frontal lobe prohibits juveniles from comprehending the gravity of their behavior, the consequences of risk, and disables them from establishing long term goals.  As a result of an underdeveloped frontal lobe:

… adolescents tend to use a part of the brain called the amygdala during their decision-making.  The amygdala is a locus for impulsive and aggressive behavior, and its dominance over the undeveloped frontal lobe makes adolescents ‘more prone to react with gut instincts.’ In adult brains, the frontal lobe offers a check on the emotions and impulses originating from the amygdala. (Parker 49)

The Amnesty International report provides a clear and obvious difference between the mental development of juveniles in contrast to adults.  In addition, research has recognized that juveniles undergo rapid neurological change and development during adolescents and these changes often times occur before competent decision making is developed. (Rigby 1-8)  Coinciding, according to an Amnesty International report on juvenile offender’s mental development, “Neurological studies show that children have physiologically less-developed means of controlling themselves.” (Parker 47) It becomes apparent through research that the juvenile cognition and neurological development is not fully complete during adolescents; therefore, it is unethical to hold juveniles to the same standards as adults when it has been proven that juveniles do not have the same mental competency as adults.

In addition to neurological differences, science has proven great psychological differences between juveniles and adults.  The most noticeable psychological difference is juveniles’ inability to reason with logic.  Instead, juveniles’ emotions are the main influence in decision making.  Especially in stressful situations juveniles are more likely to reasons with emotions, such as fear, then with a logical though process. (Parker 47)  Another psychological difference is juveniles’ inability to form and appreciate long term goals.  Instead, juveniles focus on more short term goals, which greatly influences their decision making process. (Parker 45)  Psychological differences are extremely similar to neurological difference because the brain is not fully developed (neurological), therefore it is not capable of using logical reasoning to make a decision (psychological).  However, these are not the only significant difference found between juveniles and adults.

Another significant area of difference between juveniles and adults is the social development and environment.  The lack of mental development results in a lessened ability to logically reason, leads juveniles to be high influenced by peer groups and peer pressure.  Juveniles are more likely to engage in criminal activity in a group than by themselves. (Rigby 5)  While engaging in criminal activity in groups, the level of criminality is easily escalated due to the lack of understanding and inability to stop the situation with reason.  According to the Prison Journal:

Juveniles are thus more likely than adults to react with unplanned violence under the extreme duress of a crime that goes awry—to fight rather than flee.  For juveniles, it would be more accurate to see the majority of these crimes as situations that have gotten beyond their control and even full comprehension.” (Johnson and Sonia 198-206)

Tied into the underdeveloped neurological and psychological aspects of juveniles is the inability for juveniles to control and comprehend social situations when facing pressure from peers.  In such cases, rational adults are less likely to be influences by peer pressure, and more likely to be able to stop and correct inappropriate behavior caused by peer groups.

          Neurological, psychological, and social research combined proves the vast differences between juvenile and adult development.  These differences ethically demand that juveniles be treated differently with the justice system, especially considering that juveniles have been proven to respond well and benefit from therapeutic treatment avenues over harsh sentencing.   However, research also has acknowledged a core group of juvenile offenders that are disproportionately responsible for the majority of juvenile crime.  This core group, upon repeat offending, loses the defense of competence and underdevelopment.  After juveniles offenders within this core group continue offending, they are usually charged with harsher sentences resembling those of adults.  At this point, once all other therapeutic avenues have been exhausted and no sign of reform is apparent within the juvenile, should juveniles be subject to adult sanctioning.  In all other cases, the obvious differences between juveniles and adults portray the need to sanction and treat juveniles differently within the justice system.

References:

Grisso, Thomas. "Juveniles' Competence to Stand Trial: A Comparison of Adolescents' and Adults' Capacities as Trial Defendants." Law and human behavior 27.4 (2003): 333-63. ABI/INFORM Complete; ProQuest Criminal Justice. Web. 18 Oct. 2012.

Johnson, Robert, and Tabriz Sonia. "Sentencing Children to Death by Incarceration: A deadly Denial of Social Responsibility." Prison Journal. 91.2 (2011): 198-206. Print.

National Institute of Health, . "The Brain- Lesson 1- What goes on in there?." The Brain: Understanding Neurobiology. BSCS and Videodiscovery, Inc., n.d. Web. 19 Oct 2012. <http://science.education.nih.gov/supplements/nih2/addiction/activities/lesson1_brainparts.htm

Rigby, K. What makes juvenile offender different from adult offenders?. Canberra: Australian Institute of Criminology, 2011. 1-8. Web.

Parker. Alison,. The Rest Of Their Lives, Life Without Parole For Child Offenders In The United States. New York: Human Rights Watch/Amnesty International., 2005. eBook.