Abstract

Insights from developmental psychology provide a useful perspective from which to understand why young people might engage in higher levels of antisocial behavior than adults. They can also be useful in term of highlighting which aspects of development result in young people making less mature judgments. Yet despite this extensive body of knowledge, there is no psychological or legal definition of maturity that can be applied to legal decision making. Within a criminal context, investigations of adolescent immaturity have emphasized cognitive factors, influenced by the informed consent model which places a premium on factors such as “knowledge” and “competence”, with an emphasis on cognitive functioning (e.g., thinking, reasoning, and understanding). This approach has been criticized for failing to adequately illustrate differences between adolescent and adult decision making. This paper reviews the notion of psychological maturity and comments on the importance of a broader assessment that includes psychosocial factors in the face of a growing trend in many jurisdictions to transfer juvenile offenders to the adult jurisdiction based on the severity of crime committed rather than their level of culpability.

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