Addressing Gaps in the Maturity of Judgment Literature: Age Differences and Delinquency

Over the past decade, a majority of states have legislated to expand their capacity to try adolescents as adults [Griffin (2003). Trying and sentencing juveniles as adults: An analysis of state transfer and blended sentencing laws. Pittsburgh, PA: National Center for Juvenile Justice]. In response, researchers have investigated factors that may affect adolescent culpability [Steinberg and Scott (Am Psychol 58(12):1009–1018, 2003)]. Research on immature judgment posits that psychosocial influences on adolescent decision processes results in reduced criminal responsibility [Cauffman and Steinberg (Behav Sci Law 18(6):741–760, 2000); Scott, Reppucci, and Woolard (Law Hum Behav 19(3):221–244, 1995); Steinberg and Cauffman (Law Hum Behav 20(3):249–272, 1996)]. The current study utilizes hypothetical vignettes and standardized measures of maturity of judgment (responsibility, temperance, and perspective) to examine gaps in previous maturity of judgment findings (Cauffman and Steinberg 2000). This work suggests that adolescents (ages 14–17) display less responsibility and perspective relative to college students (ages 18–21), young-adults (ages 22–27), and adults (ages 28–40). Further, this research finds no maturity of judgment differences between delinquent and non-delinquent youth, but does find significant maturity of judgment differences between high and low delinquency male youth. Finally, results show that maturity of judgment predicts self-reported delinquency beyond the contributions of age, gender, race, education level, SES, and antisocial decision making. Implications for the juvenile justice system are discussed. This research was conducted in partial fulfillment of the M.A degree in Psychology from the University of New Hampshire.     

Criminal Decision Making: The Development of Adolescent Judgment,Criminal Responsibility,and Culpability

Theories of judgment in decision making hypothesize that throughout adolescence, judgment is impaired because the development of several psychosocial factors that are presumed to influence decision making lags behind the development of the cognitive capacities that are required to make mature decisions. This study uses an innovative video technique to examine the role of several psychosocial factors—temporal perspective, peer influence, and risk perception—in adolescent criminal decision making. Results based on data collected from 56 adolescents between the ages of 13 and 18 years revealed that detained youth were more likely to think of future-oriented consequences of engaging in the depicted delinquent act and less likely to anticipate pressure from their friends than nondetained youth. Examination of the developmental functions of the psychosocial factors indicates age-based differences on standardized measures of temporal perspective and resistance to peer influence and on measures of the role of risk perception in criminal decision making. Assessments of criminal responsibility and culpability were predicted by age and ethnicity. Implications for punishment in the juvenile justice system are discussed.     

Under construction: Brain formation, culpability, and the criminal justice system

Should adolescents be held as culpable for their behavior as adults? Adolescence is a tumultuous time, full of change and transformation. This paper examines the development of brain functions and cognitive capabilities of teenagers. It explores the effect of alcohol use on brain development and the fundamental cognitive differences between adolescents and adults. This knowledge, coupled with the assessment of developmental perspective, suggests that the adultification of youth (or waiver to adult court) is unduly harsh for youth whose brains have not fully formed.     

Moral disengagement and self-reported harassment proclivity in men: the mediating effects of moral judgment and emotions

Three online studies investigated the association between moral disengagement and men’s self-reported harassment proclivity. Participants (total N?=?336) were required to read a vignette depicting either quid pro quo harassment (studies 1 and 2) or hostile work environment harassment (study 3). A salience manipulation was used in each study to explore the causal directionality of this association. The mediating effects of moral judgment, negative affect (guilt and shame) and positive affect (happiness) about the harassment were also assessed as participants were asked to imagine themselves as the harassment perpetrator. Across the three studies, it was shown that moral disengagement had an indirect effect in predicting men’s proclivity to harass by lowering their moral judgment and negative affect about the harassment, conversely amplifying positive affect. Overall, the findings support social cognitive theory, indicating that moral disengagement may enable people to self-regulate their own behavioural inclinations to harass.     

Severity of neurocognitive impairment in women who have experienced intimate partner violence in Spain

This study examines neuropsychological impairment in women who have experienced intimate partner violence using DSM 5 criteria for mild and severe cognitive impairment. A total of 108 females in Spain were included in one of three groups: psychological abuse (n = 24), physical and psychological abuse (n = 45), and no-abuse (n = 39). There were differences between the control and IPV groups in attention and executive functioning. Furthermore, approximately 25% of women experiencing IPV suffer mild neuropsychological alterations and 5% severe, mostly in memory and executive function domains. This evidence supports the growth in research that suggests psychological violence on its own to be as strongly related to poor health outcomes as physical violence in intimate partner relationships.     

The relationship between violence in the family of origin and dating violence among college students

Prior research has established that violence in dating relationships is a serious social problem among adolescents and young adults. Exposure to violence during childhood has been linked to dating violence victimization and perpetration. Also known as the intergenerational transmission of violence, the link between violence during childhood and dating violence has traditionally focused on physical violence. This research examines the relationship between experiencing and perpetrating dating violence and exposure to violence in the family of origin. Specifically, the current research examines gender differences in the relationship between exposure to violence during childhood and physical and psychological abuse perpetration and victimization. Data were collected from a sample of approximately 2,500 college students at two southeastern universities. Findings indicate that childhood exposure to violence is a consistent predictor of involvement in relationships characterized by violence for males and females. The implications of the current research on policy are discussed.     

Maturity in Adolescent and Young Adult Offenders: The Role of Cognitive Control

This study examined the role of cognitive control in explaining the psychosocial maturity of adolescent (n = 43) and young adult male (n = 40) offenders. We separated psychosocial maturity into prosocial and criminal components, which were statistically unrelated and were explained by different variables. Individuals with higher levels of prosocial maturity were older, had better proactive cognitive control, and had better short-term memory than those with lower levels of prosocial maturity. Individuals with higher levels of criminal maturity were older and had better reactive cognitive control than those with lower levels of criminal maturity. We discuss the implications of these findings with regard to juvenile justice policy and practice.     

Extending the General Theory of Crime to “The East:” Low Self-Control in Japanese Late Adolescents

This study examined the measurement of low self-control as well as the low self-control-deviance relationship in a sample of N = 335 Japanese late adolescents. Participants completed the Grasmick et al. low self-control instrument and the Normative Deviance Scale (NDS). Findings indicated that the low self-control measure was a valid and reliable indicator of low self-control among male and female Japanese late adolescents and that it was multi-dimensional. Furthermore, the study provided evidence that low self-control was consistently related to diverse measures of deviance, ranging from trivial to more serious norm-violating behaviors (e.g., assault). Finally, in a series of comparisons of partial unstandardized regression coefficients between Japanese and U.S. late adolescents, the study found that the low self-control-deviance relationship was invariant across all measures of deviance with the exception of alcohol use. Findings are discussed in terms of their importance for cross-cultural/cross-national predictions made by the General Theory of Crime.     

Parental Effects on the Exchange of Sex for Drugs or Money in Adolescents

Research has examined risk factors related to involvement in prostitution and sex trafficking using samples of adult prostitutes, runaway and homeless youth, and youth involved in the juvenile system. There is scant research that includes adolescents who cannot be categorized into these groups. Additionally, research is limited related to how parents affect the decision for adolescents to engage in sex for drugs or money. We examine risk factors concerning the exchange of sex for drugs or money from a nationally representative sample of adolescents. The data are structured where responses can be compared to a group of adolescents who indicated never exchanging sex for drugs or money. We used a negative binomial regression analysis to examine how the effects of parental and individual factors influence the exchange of sex for drugs or money among adolescents. Analyses revealed that individual factors were significant while parental factors were not significant; however, parental effects were significant when dimensions of parental involvement were examined.     

Analysis of cognitive inhibition and flexibility in juvenile delinquents

Executive functions are still developing during adolescence. It is important to analyse if juvenile delinquency is related to a delay in the development of these functions. The objective of this study was to analyse cognitive inhibition and flexibility, two components of executive functions, in juvenile delinquents. Participants were 81 males, 17.46 ± 1.60 years old. Three groups were compared: a juvenile delinquent inmate group (IG), an age-paired group (APG), and an age- and education-paired group (AEPG). A modified Stroop task was used to assess cognitive inhibition and flexibility. The IG and the AEPG (low-education adolescents) had significantly more difficulties than the APG on inhibition; the IG and the AEPG had no significant differences. No group differences were found on flexibility. Since all low-education adolescents have difficulties on inhibition, these difficulties are not an exclusive characteristic of juvenile delinquents. Analysis of cognitive processes in juvenile delinquents must control for education to determine how specific are the difficulties found in these adolescents.     

TESTING MOFFITT'S ACCOUNT OF ADOLESCENCE‐LIMITED DELINQUENCY*

Much of the research testing Moffitt's taxonomy of antisocial behavior has concentrated on life‐course‐persistent as opposed to adolescence‐limited offending. For Moffitt, adolescence‐limited delinquency occurs near puberty as a function of factors endemic to the peer social context of adolescence, including the realization that adolescents are physically mature enough to engage in adult‐like behaviors, but are forbidden to engage in such acts because of their biological age. Using data from the Youth‐In‐Transition survey, we find that adolescence‐limited delinquency is characterized by involvement in rebellious but not aggressive delinquency. Further, rebellious delinquency is accounted for by the interaction between early maturity and the autonomy aspects of peer activities.     

制度认同与政治合法性

在现代社会,政府与公民、公民与公民之间的一切关系都以非人格化的制度为中介,作为政治权力具体表征的各项法律和政策能否获得社会认同,就成为政治合法性的基本判准.制度认同不是盲目的,也不是被迫的,而是建基于认知性期待与规范性期待统一之上的实践证成过程.一切影响和制约人们对制度的认知性期待形成、制度实施效果的因素以及影响每个人规范性期待形成的公民素质,都会对制度认同的形成产生影响,并规定着制度认同建构的可能路径.     

The Role of School-Related Bonding Factors and Gender: Correlates of Gang Membership Among Adolescents

In the past several decades both the education and criminology literatures have examined the influence of school factors on the attitudes and behaviors of adolescents. This literature shows that school-related factors, especially those related to social bonding, are relevant to explaining delinquent behavior. This research examines the efficacy of school-related bonding factors in explaining gang membership. In addition, it examines whether these bonding factors differentially explain male and female gang membership. The results show that delinquent involvement is the strongest predictor of gang membership among middle school children. Although several bonding variables are related to gang membership, their influence is very weak. In addition, we do not find support for the hypothesis that these variables differentially explain male and female gang membership. Implications and suggestions for future research are discussed.     

Neighborhood Advantage,Relative Status,and Violence Among Foreign-Born Adolescents

Immigrant families and contexts are protective for delinquency, even though recent immigrants are more likely to be poor and reside in disadvantaged settings. Yet it is unclear whether the protective effects of immigrant status depend on the match between family SES and neighborhood advantage. This study examines the interplay among immigrant status, family SES, and neighborhood advantage in predicting adolescent violence. Using multilevel longitudinal data from the Project on Human Development in Chicago Neighborhoods (N = 1,908), findings show that first-generation adolescents from low-SES families have the highest odds of violence in the most advantaged contexts, exceeding that of even third-generation adolescents. In contrast, high-SES first-generation adolescents have the highest probability of violence in less advantaged contexts, but the lowest in the most advantaged neighborhoods. The results identify conditions under which the protective nature of immigrant status is eroded, and highlight the importance of relative status for understanding violence among foreign-born adolescents.     

Something Old,Something New: Revisiting Competing Hypotheses of the Victimization-Offending Relationship Among Adolescents

This study revisits a familiar question regarding the relationship between victimization and offending. Using longitudinal data on middle- and high-school students, the study examines competing arguments regarding the relationship between victimization and offending embedded within the “dynamic causal” and “population heterogeneity” perspectives. The analysis begins with models that estimate the longitudinal relationship between victimization and offending without accounting for the influence of time-stable individual heterogeneity. Next, the victimization-offending relationship is reconsidered after the effects of time-stable sources of heterogeneity, and time-varying covariates are controlled. While the initial results without controls for population heterogeneity are in line with much prior research and indicate a positive link between victimization and offending, results from models that control for time-stable individual differences suggest something new: a negative, reciprocal relationship between victimization and offending. These latter results are most consistent with the notion that the oft-reported victimization-offending link is driven by a combination of dynamic causal and population heterogeneity factors. Implications of these findings for theory and future research focusing on the victimization-offending nexus are discussed.     

An Investigation into the Effects of Force Applied During Deposition on Latent Fingermarks and Inked Fingerprints Using a Variable Force Fingerprint Sampler

Physical factors, including the magnitude of the force applied during fingermark deposition, may affect friction ridge surface area and clarity, and the quantity of residue transferred. Consistency between fingermarks may be required; for example, in research projects, yet differences between marks are likely to exist when physical factors are not controlled. Inked fingerprints and latent fingermarks were deposited at 1–10 N at 1 N increments using a variable force fingerprint sampler to control the force, angle of friction ridge and surface contact, and the duration of friction ridge and surface contact. Statistically significant differences existed between the length and width measurements of the inked prints (p ≤ 0.05), particularly at lower forces. Scanning electron microscopy and surface plot analysis demonstrated how differences in force applied during deposition affected ridge surface area, displacement of latent residue, and differences in the quantity of residue transferred. Consistency between inked prints was demonstrated at equivalent forces.     

Exploring gender differences in constellations of problem behaviors and associated health-related factors during adolescence

Using data from the National Longitudinal Study of Adolescent Health (Add Health), this study expands on previous research on adolescent problem behavior by (1) examining gender differences in patterns or ‘subgroups’ of adolescents based on self-reported problem behaviors and (2) identifying differences in health-related factors including service utilization, physical and mental health, and violent victimization across the identified gender-specific subgroups. The data used in this study were taken from Wave 2 of the National Longitudinal Study of Adolescent Health (Add Health) data and includes respondents under the age of 18 (n?=?10,360). Based on 16 problem behavior items measuring delinquency, substance use, risky sexual practices, and status offending, latent class analyses identified a 4-class model for the male subsample and a 3-class model for the female subsample. Important differences in health-related factors were observed across the latent classes. However, these differences were fairly consistent for boys and girls. Implications for prevention and intervention strategies, specifically focusing on the intersection of juvenile justice and public health services, are discussed.     

Evaluating adolescent decision making in legal contexts

Challenges the use by policy researchers of a model for comparing adolescent and adult decision making that is based on informed consent standards. An expanded decision-making framework designed to evaluate judgment in adults and adolescents can better test the empirical basis of paternalistic legal policies. The theoretical and empirical literature on the informed consent framework is critiqued and an alternative framework incorporating judgment factors is proposed. Three judgment factors—temporal perspective, attitude toward risk, and peer and parental influence—and their effects on decision making are explored. Finally, implications for future research are analyzed in several decision-making contexts.Several of the ideas in this article were originally presented by the first author and were published as part of a symposium on competence (see Scott, 1992). The current article expands and refines these ideas, provides a more substantial research base, and suggests several future research directions. We thank Joseph Allen, Richard Bonnie, Baruch Fischhoff, William Gardner, John Monahan, Edward Mulvey, Richard Redding, Paul Slovic, and three anonymous reviewers for their helpful comments. Special thanks to Thomas Grisso for providing much constructive criticism and to Wendy Shang for outstanding research assistance. Finally, we would like to acknowledge the MacArthur Foundation, which supported this work in its early stages.     

SPATIAL DIMENSIONS OF THE EFFECT OF NEIGHBORHOOD DISADVANTAGE ON DELINQUENCY*

Research examining the relationship between neighborhood socioeconomic disadvantage and adolescent offending typically examines only the influence of residential neighborhoods. This strategy may be problematic as 1) neighborhoods are rarely spatially independent of each other and 2) adolescents spend an appreciable portion of their time engaged in activities outside of their immediate neighborhood. Therefore, characteristics of neighborhoods outside of, but geographically proximate to, residential neighborhoods may affect adolescents’ propensity to engage in delinquent behavior. We append a spatially lagged, distance‐weighted measure of socioeconomic disadvantage in “extralocal” neighborhoods to the individual records of respondents participating in the first two waves of the National Longitudinal Survey of Youth, 1997 Cohort (N = 6,491). Results from negative binomial regression analyses indicate that the level of socioeconomic disadvantage in extralocal neighborhoods is inversely associated with youth offending, as theories of relative deprivation, structured opportunity, and routine activities would predict, and that the magnitude of this effect rivals that of the level of disadvantage in youths’ own residential neighborhoods. Moreover, socioeconomic disadvantage in extralocal neighborhoods suppresses the criminogenic influence of socioeconomic disadvantage in youths’ own neighborhoods, revealing stronger effects of local neighborhood disadvantage than would otherwise be observed.     

Gourmet Can Have His Keck and Eat It!

Abstract: The touchstone of the judgment of the Court of Justice in Keck has been the question of how to apply the criteria allowing the exclusion of selling arrangements from the scope of Article 28 EC, in particular in respect of national regulatory rules relating to advertisement. This article examines the evolution of the Court's approach to selling arrangements in the light of the requirements set out in Keck. The judgment in Gourmet has added to the debates as it highlights the issue of the ‘market access’ test as a reference for the assessment of factual discrimination in respect of selling arrangements covered by the Keck exception. The article focuses on the impact of Gourmet on the determination of the outer limits of the scope of application of Article 28 EC, and thus attempts to find a place for Gourmet within the spectrum between the rejection of the judgment in Keck at one end, and the refinement of the requirement relating to ensuring that there is no factual discrimination between imported and domestic products in the application of national rules covered by the Keck exception, at the other.