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Running head: AGE OF CULPABILITY 1 Age of Culpability James Apas January 22, 2017 AGE OF CULPABILITY AND CASE REVIEW 2 Summary of Research Study...


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

 

James Apas

 

January 22, 2017 AGE OF CULPABILITY AND CASE REVIEW 2 Summary of Research Study Findings

 

Article 1

 

Author(s) and title of the article

 

Authors: Donna Bishop and Charles Frazier

 

Title: Consequences of transfer.

 

Key terms

 

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

 

study.

 

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

 

the courts.

 

Article 2

 

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

 

responsibility.

 

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.

 

Article 3

 

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.

 

Personal reflection

 

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

 

influence.

 

Article 4

 

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.

 

Personal reflection

 

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

 

justice, 227-77.

 

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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