Needed some help if possiable. I found a few but 12 is needed and I'm having some diffuculties.
Running head: AGE OF CULPABILITY 1 Age of Culpability
January 22, 2017 AGE OF CULPABILITY AND CASE REVIEW 2 Summary of Research Study Findings
Author(s) and title of the article
Authors: Donna Bishop and Charles Frazier
Title: Consequences of transfer.
Juvenile offenders, delinquency cases, prosecutorial waiver, judicial waiver, jurisdictional
variations, conviction, correctional institutions
The focus of the study:
The authors seek to determine the consequences of the transfer of juvenile offenders. The
experience of the offenders in the juvenile criminal system is key in determining the
consequences of transfer. For example, is determining the impact of trying a fifteen-year-old in a
criminal court rather than in a juvenile court.
Summary of conclusion of authors
The search for answers on the consequences of transfer led them to three key directions. Data
from the juvenile and adult correction systems enabled the authors to be able to draw some
limited conclusions. The conclusion there was a negative impact on adolescents who were put
through adult correctional settings rather than juvenile correctional settings. An interview to AGE OF CULPABILITY AND CASE REVIEW 3 determine the perception of the adolescents about their transfer from juvenile to adult
correctional systems determined that they saw the move as solely intended to punish them. They
also discovered that the youths also saw the sentences as not being proportional to the crimes
they committed with others seeing the punishment as a move to make them deterrent.
Your observations of what you learned about your topic from this article and this research
The infancy defense is put in a way that it defends the guilt-innocence stage of a criminal
trial.it also looks at the age of the defendant is a critical factor in determining the punishment
factor. This kind of reasoning is very important if a juvenile is incapable of committing the
charged crime. Transfer of adolescents from juvenile to adult correctional systems is not good
because they see a move that is aimed solely to punish them not correct them for the crimes they
committed. Other felt that the transfers happened due to the perceptions that they were no longer
redeemable. To improve this perception, there should be consistency in the sentences given by
Author(s) and title of the article
Author: Deidre Greig
Title of Article: Criminal responsibility and the concept of evil
Journal: Psychiatry, Psychology, and Law AGE OF CULPABILITY AND CASE REVIEW 4 Key terms
Large scale crimes, motivation, killers, madness, elasticity of evil, predatory, rational
explanations, scientific explanations, criminal capacity
Focus of study
The study focuses on the criminal capacity of children. Children under the age of seven
are considered to have zero criminal capacity meaning they are incapable of the criminal act.
However, when one is at fourteen years of age, they have criminal capacity unless incapacity is
proven. The incapacity can only be proven on legally applicable grounds such as insanity.
Practically, it means physical age and not mental age. It also looks at the concept of criminal
Summary of conclusions of the author
Tragic events like the one that took place in Dun Blane Scotland remind people of the difficulty
of comprehending what motivates people to commit such crimes. Lawyers and psychiatrists use
the terms criminality and mental illness respectively to explain such scenarios. However, evil is
another term that can be used to explain such incidences. And evil can affect someone regardless
of their age. Such crimes indicate that innate evil can be indeed a reality.
Personal Reflections AGE OF CULPABILITY AND CASE REVIEW 5 It is indeed very difficult to determine what motivates a person to commit horrific crimes. They
are some theories that have been put forward to explain why individuals commit horrific crimes
with the one being low self-control. However, some cases have shown that some individuals
commit the act do not have problems with self-control, they enjoy torturing other people.an
example is a serial killer who would kill their victims slowly by cutting them part as they
watched. The concept of innate evil tries to explain why people commit such acts. The
individuals are not mad or having problems with self-control, they are evil.
Author(s) and title of the article
Author: Mirko Bagaric and Sandeep Gopalan
Title of Article: A Sober Assessment of the Link between Substance Abuse and Crime –
Eliminating Drug and Alcohol Use from the Sentencing Calculus
Journal: Santa Clara Law Review
Focus of the study
The study focuses on the crimes committed by individuals who are under the influence of drugs.
It studies the relevance of drug intoxication to sentencing. It is because of the damages that
individuals who are intoxicated cause are not diminished in magnitude compared to those
committed by sober individuals.
Summary of conclusions by the authors AGE OF CULPABILITY AND CASE REVIEW 6 Bagaric and Gopalana conclude that drug and alcohol abuse should not be a factor to be taken
into consideration when sentencing individuals found guilty of a crime. According to the authors,
the goal of having the criminal law is to discourage people (be it adults or children) from
committing bad deeds irrespective of the motivation factor behind the action.
I support the conclusion of the article’s authors. The sentences handed down by individuals
should be proportional to the crime they committed whether they were under the influence of
drugs and alcohol or not. People should be educated to be aware that drugs and alcohol can lead
them to commit crimes and the court will sentence them without because they were under the
Name of Author and Title
Author: Kristin Henning
Title: Criminalizing normal adolescent behavior in communities of color. The role of prosecutors
in the Juvenile Justice Reform
Journal: Cornell Law Review
Focus of the study
The study focuses on the impact of racial disparities in the American Juvenile Justice Reform
system. Due to racial discrimination concerns the diminished culpability of youth is not applied AGE OF CULPABILITY AND CASE REVIEW 7 across the juvenile of all races. The prosecutors in the American Juvenile Justice Reform system
have a perception that black and Hispanic youth are not redeemable.
Summary of conclusions by the authors
Professor Henning urges all prosecutors not to succumb to the external pressure on the societal
perception of black and Hispanic youth as dangerous and irredeemable. He urges them to move
toward a path where they make decisions based on educated research on the development of
adolescents. The prosecutors should be accountable for making equal decisions that affect all the
races. The author suggests that the authors should be guided by three key principles equity,
fairness, and efficacy.
The perception that Hispanic and black youth is well rooted in society. The perception is very
strong, and I believe that the prosecutors are not immune. The influenced prosecutors are likely
to make a decision influenced by the aspect during charging of the individuals. However, the
notion is not right and does not help in correction. It is also unfair to the juveniles since the
sentences they receive are based on their race. AGE OF CULPABILITY AND CASE REVIEW References
Bagaric, M., & Gopalan, S. (2016). A Sober Assessment of the Link between Substance Abuse
and Crime–Eliminating Drug and Alcohol Use from the Sentencing Calculus. Santa
Clara Law Review, 56(2).
Bishop, D., & Frazier, C. (2000). Consequences of transfer. The changing borders of juvenile
Greig, D. (1996). Criminal responsibility and the concept of evil. Psychiatry, Psychology and
Law, 3(2), 163-178.
Henning, K. N. (2013). Criminalizing normal adolescent behavior in communities of color: The
role of prosecutors in juvenile justice reform. Cornell Law Review, 98, 383-462. 8
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