Does Recent Research on Adolescent Brain Development Inform the Mature Minor Doctrine?  

Oleh:

Steinberg, Laurence

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: The Journal of Medicine and Philosophy vol. 38 no. 3 (Jun. 2013), page 249-255.
Topik: adolescence; decision-making; maturity; Supreme Court

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: MM80 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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Isi artikel

US Supreme Court rulings concerning sanctions for juvenile offenders have drawn on the science of brain development and concluded that adolescents are inherently less mature than adults in ways that render them less culpable. This conclusion departs from arguments made in cases involving the mature minor doctrine, in which teenagers have been portrayed as comparable to adults in their capacity to make medical decisions. I attempt to reconcile these apparently incompatible views of adolescents’ decision-making competence. Adolescents are indeed less mature than adults when making decisions under conditions that are characterized by emotional arousal and peer pressure, but adolescents aged 15 and older are just as mature as adults when emotional arousal is minimized and when they are not under the influence of peers, conditions that typically characterize medical decision-making. The mature minor doctrine, as applied to individuals 15 and older, is thus consistent with recent research on adolescent development.

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