Jump to ContentJump to Main Navigation
The Ethics of Total ConfinementA Critique of Madness, Citizenship, and Social Justice$
Users without a subscription are not able to see the full content.

Bruce A. Arrigo, Heather Y. Bersot, and Brian G. Sellers

Print publication date: 2011

Print ISBN-13: 9780195372212

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780195372212.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 11 December 2019

Juvenile Transfer, Developmental Maturity, and Competency to Stand Trial

Juvenile Transfer, Developmental Maturity, and Competency to Stand Trial

(p.33) 2 Juvenile Transfer, Developmental Maturity, and Competency to Stand Trial
The Ethics of Total Confinement

Bruce A. Arrigo

Heather Y. Bersot

Brian G. Sellers

Oxford University Press

This chapter provides background on the juvenile transfer process, reviews the social and behavioural science literature on developmental maturity, and describes the concept of mental health trial fitness. The prevailing case law in this area is identified (N = 6)–including how these court opinions were selected–and the two-phase textual analysis of these decisions is delineated consistent with the methodological objectives of psychological jurisprudence. Reliance on this method indicates that the courts’ jurisprudential ethic regarding adolescent transfer, developmental maturity, and adjudicative competence does not grow excellence in character for all parties concerned. Indeed, it is not as fully responsive as it could (and should) be to the needs of victims, offenders, and the communities that unite both. The implications of these findings are assessed in relation to the dynamics of madness, citizenship, and social justice.

Keywords:   juvenile transfer, developmental maturity, competency to stand trial, psychological jurisprudence, case law, jurisprudential ethic, character, victims and offenders, community, madness, citizenship, social justice

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .