Applying Developmental Criminology to Law: Reconsidering Juvenile Sex Offenses

Abstract

In this article we apply a developmental psychology analysis to sex offender laws and policies for adolescents to examine how such laws and policies, derived primarily from downward extension of adult criminal predatory sexual offender statutes and policies, serve the early identification of predators, constraint of such behavior, and/or engagement in rehabilitation. This focus is framed within advances in the past 20 years in the understanding of neurobiology and the social development of adolescence and in the understanding of the makeup of the population potentially coming under juvenile sex offender regulations. We find a significant mismatch between the prevailing laws and policies and the scientific knowledge about adolescents' development and the intended service to public safety. We provide suggestions from the attending empirical knowledge for increasing differentiation in the understanding of and treatment of adolescents and adult offenders. We also suggest heterogeneity, or subgroup differences, within the adolescent population now considered offenders are an important contributor to the mismatch. We discuss the benefits of structuring policies and laws so they are grounded in a developmental understanding of behavior, which will likely lead to a reduction in recidivism and an increase in public safety. Similarly, important research efforts to shore up understanding are proposed.