Children's Development and Law PDF
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This document details different stages of children's development, focusing on the preconventional, conventional, and postconventional stages. It also discusses the base for Kohlberg's theory, including relevant aspects of Piaget's theory of cognitive development and the minimum age of criminal responsibility in various countries. The document is beneficial for understanding how cognitive development relates to children's understanding and accountability of actions, alongside legal issues related to juvenile crime.
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Children's Development and Law Three different stages ● Preconventional Stage 1: Obedience and punishment ● ○ Moral Judgement based on Punishment (Obedience) Stage 2: Self Interest in Focus ● ○ Maintain Law and Order ○ Rules only make sense if it serves all members of society Conventional Stage...
Children's Development and Law Three different stages ● Preconventional Stage 1: Obedience and punishment ● ○ Moral Judgement based on Punishment (Obedience) Stage 2: Self Interest in Focus ● ○ Maintain Law and Order ○ Rules only make sense if it serves all members of society Conventional Stage 3: Interpersonal Accord and Conformity ● ○ one is good in order to be seen as being a good person by others Stage 4: Authority and Maintaining Social Order ● ○ Fairness of Rules is questioned ○ What Society thinks is right ○ Adulthood Postconventional Stage 5: Social Contract Stage 6: Universal Ethical Principles ○ universal ehtical idea (e.g. “everything is solved with compassion”) Base for Kohlberg’s Theory: ● Piaget’s Theory of cognitive development ○ Definition ■ argues that we have to conquer 4 stages of cognitive development ■ Only once we have gone through all the stages, at what age can vary, we are able to reach full human intelligence ○ Model of cognition: ■ Mental hardware: cognitive structures like memory necessary for encoding information, storing and retrieving it ■ Mental software: organised set of cognitive processes like reading ○ Stages ■ Question: How do we reach full human intelligence? → going through all stages in life ■ Senior-Motor-Stage ■ ■ ■ age 0-2: re-operational stage ■ age 2-7: curiosity, intuitive Concrete Operational Phase ■ age 3-11: logic, inductive reasoning Formal operational stage ■ 12>: abstract concepts, compassion Minimum age of criminal responsibility in different countries ● Germany ○ ○ ○ ○ ● until 14: no responsibility from 15-17: age of juvenile crime law 21 or older: adult criminal law between 18 and 21: a judge decides Other countries Country Age of No Responsibility Age of Juvenile Criminal Law Age of Adult Criminal Law Germany 14 15-17 (18-21) 21+ Switzerland 9 10-17 18+ United Kingdom 9 10- United States Australia 10+ 9 10- Reasons for raising the minimum age of criminal responsibility: 1. Child development and maturity: Younger children might not fully comprehend the consequences of their actions. 1. Piaget: age of 12 slowly start to develop an understanding of ethical, moral and social issues. 2. Neuroscience: Adolescent brain development continues into the mid-20s - late development of prefrontal cortex affecting behavioural control. 3. Impact on future: Early criminal charges can have lifelong consequences on employment and education opportunities. 4. Effectiveness of punishment: Evidence suggests punitive measures are less effective than rehabilitation and education in reducing re-offending. 5. Human rights: Some argue that it's a violation of child rights to subject them to the criminal justice system. Reasons against raising the minimum age of criminal responsibility: 1. Accountability: Some people believe that children who commit serious crimes should face legal consequences - potentially encouraging lawlessness. 2. Deterrence: The threat of legal punishment can act as a deterrent for potential juvenile offenders. 3. Victim rights: Some argue that the rights of victims should be prioritized and they deserve justice, irrespective of the offender's age.