Law Commons^™

Providing Incarcerated Youth With A Community Of Their Peers, Providing Resources, And Modeling Healthy Attachment May Lead To Prosocial Behaviors, Emilee Brnusak

University Honors Theses

This thesis examines the connection between gang activity and attachment style. A summary of literature suggests that childhood attachment injuries lead to antisocial, maladaptive relationships and neurological changes that impact executive functioning and emotional regulation. These factors leave youth at higher risk of gang membership. This thesis then explores how an outreach experience at the MacLaren Youth Correctional Facility inspired a large-scale intervention called Resources for Attachment-injured Youth (RAY) that could be implemented in youth prisons across the country.

Metaphysics & Morals In Canadian Criminal Justice: A Pragmatic Analysis Of The Conflict Between Neuroscience And Retributive Folk Psychology, Sarah Greenwood

LLM Theses

The retributive justification of Canadian criminal law contains several assumptions about human nature that conflicts with what neuroscience has established regarding human behavior and the function of rationality. Interdisciplinary discourse on this conflict between law and neuroscience has unnecessarily implicated the free will debate and is further stagnated by epistemic cultural differences between the two disciplines. To avoid these roadblocks, this thesis applies the methodological principles of pragmatic philosophy. Rather than asking which description of human nature is true, pragmatic inquiry focuses on the difference either would make in practice. This analysis reveals that retributive folk psychology in practice causes …

Challenging Moral And Policy Rationales For Charging Youth As Adults, Molly Lockwood

Pitzer Senior Theses

Does the practice of charging juveniles as adults serve the retributive and consequentialist goals of criminal justice policy? Proponents of limiting juvenile court jurisdiction argue that the rehabilitation-oriented remedies available therein are neither sufficient to hold adolescents accountable for wrongdoing, nor strong enough to deter future youth crime. The first chapter of this thesis examines the forward and backward looking premises underlying juvenile transfer to adult criminal court. I find that transfer policies are inconsistent with dominant theories of responsibility and punishment as applied to juveniles. I argue in Chapter One that transfer produces undesirable outcomes with respect to the …

What Role Is Neuroscience Playing In New State Raise-The-Age Laws?, Dane N. Stallone

Capstones

Several states have cited neuroscientific evidence to help justify new raise-the-age laws that raise the age at which offenders can be tried as adults. Neuroscience shows that adolescent brains continue to mature well into their 20s. How much influence neuroscience should have in determining legal policy, however, remains contested among experts.

https://theartofscienceme.wordpress.com/2019/01/05/what-role-is-neuroscience-playing-in-new-state-raise-the-age-laws/