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The Ethics of Total ConfinementA Critique of Madness, Citizenship, and Social Justice$
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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

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Juvenile Transfer, Developmental Maturity, and Competency to Stand Trial

Juvenile Transfer, Developmental Maturity, and Competency to Stand Trial

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

Bruce A. Arrigo

Heather Y. Bersot

Brian G. Sellers

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195372212.003.0003

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

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