Foreign Jackass said:Says who? I didn't realize you were a psychiatrist.
Check the tag.
Foreign Jackass said:Says who? I didn't realize you were a psychiatrist.
slayn said:Another point is, long term thinking is a late development of the brain in growing up. When you are a child, no matter what you have been taught and learned, your brain is physically incapable of thinking about long term future consequences. Hell when I was that young, 5 minutes from now was a long ass time away.
Loki said:This is factually accurate. Numerous psychological studies based on the Piagetian model of cognitive development have shown that children enter what is termed the "formal operations" stage from ages 11-15, only fully emerging from it towards the latter end of that period. In addition, many people (even into adulthood) never fully "master" this stage, which involves a tremendous increase in abstract reasoning ability as well as the first glimmer of the ability to plan for the future and to be fully cognizant of the implications of one's actions in a temporal sense (i.e., the permanence of certain actions/states, such as death/injury).
(Incidentally, this is also why I am generally opposed to condoning sex between children under 15-16 years of age-- their critical and emotional faculties just aren't appreciably developed yet; I'm consistent in this regard)
Consequently, I am generally not in favor of treating anyone under the age of, say, 16 as an adult in criminal matters regardless of the severity of the crime. These people should be detained, obviously, but in a mental health facility as opposed to an adult prison. I'm not averse to the idea of rehabilitating young criminals (again < 16-17 years old), and I feel we should do our best to understand the conditions, both social and personal, which led them to commit their crimes, for society's future benefit. These children should obviously be enisled from the rest of society for a good long while (many years), and should not be released until numerous psychological evaluations are made by professionals; ideally, they'd be eased back into society by moving from a maximum security mental health facility to less secure institutions where children in rehab are allowed to mingle, so as to get a better feel for their social competency before full release.
I am not, however, in favor of rehabilitation for adult murderers and pedophiles (though I can generally support the idea for every other sort of crime), and feel that they should never be released from prison. This is because, for murderers, the risk is too great-- I've read too many stories, including one in the paper today, of murderers paroled for "good behavior" who go on to kill again. The rights and safety of innocent people clearly trump any human rights (right to freedom etc.) you may feel the non-innocent murderer still possesses. For pedophiles, it's because numerous studies have shown a > 90% recidivism rate (more than twice as high as "normal" rapists) once released, even after extensive counseling; I'm not about to take that risk when children's lives and health are at stake. It's a cost-benefit analysis, undoubtedly, but one that I feel quite comfortable making.
sonarrat said:Flynn, no, I'm still not convinced that you adequately comprehended and responded to what I said. It's like you're responding to invisible words in addition to what I actually wrote..
Please, at around age eight kids begin to understand what death entails, that it's a permanent thing. The "concrete operation" is when they can begin understand the world around them and they aren't thinking about themselves only. They think they're immortal, it won't happen to them (the thought doesn't even occur to them), nor that it can happen at any time, but they sure as hell understand its permanence (to others). If he had shot his grandparents wildly or without aim, he may not have been tried as adult, but because he purposely aimed at a place that causes death instantly (and again to make sure) it only shows that he knew what the hell he was doing and what would happen (which is why he tried to get rid of the evidence and ran away). He wanted his grandparents dead but he sure as hell didn't have a good plan on what would happen afterward.Loki said:This is factually accurate. Numerous psychological studies based on the Piagetian model of cognitive development have shown that children enter what is termed the "formal operations" stage from ages 11-15, only fully emerging from it towards the latter end of that period. In addition, many people (even into adulthood) never fully "master" this stage, which involves a tremendous increase in abstract reasoning ability as well as the first glimmer of the ability to plan for the future and to be fully cognizant of the implications of one's actions in a temporal sense (i.e., the permanence of certain actions/states, such as death/injury).
(Incidentally, this is also why I am generally opposed to condoning sex between children under 15-16 years of age-- their critical and emotional faculties just aren't appreciably developed yet; I'm consistent in this regard)
Foreign Jackass said:You people are really quick on the trigger. I'm not typically angry against Americans, but you're now proving you just deserve that right-wing redneck heading your country towards bankruptcy and moral, social, and global failure.
luxsol said:Please, at around age eight kids begin to understand what death entails, that it's a permanent thing. The "concrete operation" is when they can begin understand the world around them and they aren't thinking about themselves only. They think they're immortal, it won't happen to them (the thought doesn't even occur to them), nor that it can happen at any time, but they sure as hell understand its permanence (to others). If he had shot his grandparents wildly or without aim, he may not have been tried as adult, but because he purposely aimed at a place that causes death instantly (and again to make sure) it only shows that he knew what the hell he was doing and what would happen (which is why he tried to get rid of the evidence and ran away). He wanted his grandparents dead but he sure as hell didn't have a good plan on what would happen afterward.
So do you want to try him for not having a good plan on what to do afterward or plan ahead better to make it seem like someone else came into the house to kill his grandparents? Because his lack of theoretical reasoning (planning ahead) is the only part that should be held in a juvenile court =P
And it's not like this kid is going to rot in jail. They will send him to counselors to give him the help he needs, he'll also get an education and all the medication he wants.
Your whole argument is about the mental facilities of this kid and because of the stage he's at he shouldn't be tried as an adult or serve in an adult prison. Going by that logic, because many adults don't master (or even enter) the formal operational stage, should they be coodled like a juvenile as well? They still have the mental capacities of a child so shouldn't they have the same rights? They may have more experience than a child, but that still doesn't mean they can fully understand the extent of their actions. =PLoki said:You're correct in that object permanence begins to manifest at around age 7-8, and that children can comprehend death in a limited sense at that age, but that's somewhat different than fully understanding its implications, which doesn't take place until about 11-12 on average. You're also correct in that the concrete operations stage is when abstract reasoning first appears; should we not wait until these faculties are adequately developed before treating people like adults? As for the rest of my points, about not being able to properly prepare for the future or appreciate the consequences (for oneself and for others) of one's actions until the formal operations stage (on average), they stand. These views are supported by a mountain of evidence, and no offense, but I'm not going to sit here and argue them when a cursory review of any academic journal will tell you the same thing.
I just don't feel comfortable treating children under the age of roughly 16 the same way we treat adults-- and I'm as "hard on crime" as they come, believe me. That said, I'm obviously not for "kid gloves" in this instance (pun intended), since I do feel that he should be detained for quite a long time (10-15 years imo), but not in an adult prison, and not without receiving the proper psychiatric care. Adult murderers, I couldn't give a shit less-- they're entitled to nothing beyond sustenance imo. Also keep in mind that if this child, after those years, is deemed to have a serious sociopathic disorder (e.g., antisocial personality disorder), which is almost always genetically based and irremediable in most instances, I am fully in favor of keeping that person detained, possibly forever. However, if the cause was determined to "merely" be "faulty social acclimation", then with the proper care, and assuming he passes all the pertinent evaluations, I am generally in favor of releasing that child after 10-15 years or so, probably towards the latter end of that range given the severity of the crime.
I've held off saying this, but why the hell does everyone make a big deal about him being twelve? Does everyone forget how they were at that age? Shit, this reminds me of that EGM article about kids playing video games and the sometimes funny quotes they had. Many people thought that article was faked because they under estimate 11-14 year olds. The same thing is happening here.darscot said:The whole solution of locking a kid up for thirty years is retarded. First he was twelve, someone else created this monster. Why is he on prescription drugs? I think there are few adults that deserve the thirty years allot more then this kid does. It's almost laughable. 30's more years of abuse is going to solve this? Or prevent it from happening again?
Juror Christine Peterson said that at first, she felt Zoloft was a factor in the slayings. "It bothered me a lot," said Peterson, 54, a banker. "It was not an easy decision. But everyone kept saying, `Look at the evidence. Look at the evidence.'"
Last October, the Food and Drug Administration ordered Zoloft and other antidepressants to carry "black box" warnings the government's strongest warning short of a ban about an increased risk of suicidal behavior in children.
A psychiatrist testified for the defense that the Zoloft was to blame for the killings, and a former Food and Drug Administration (news - web sites) official told the jury that the crime was an angry, rash, manic act "that was chemically induced."
luxsol said:Your whole argument is about the mental facilities of this kid and because of the stage he's at he shouldn't be tried as an adult or serve in an adult prison. Going by that logic, because many adults don't master (or even enter) the formal operational stage, should they be coodled like a juvenile as well? They still have the mental capacities of a child so shouldn't they have the same rights? They may have more experience than a child, but that still doesn't mean they can fully understand the extent of their actions. =P
Gonaria said:I thought Loki said the age was 16?
Well, i dont really understand all that science stuff, but i think Loki might be saying that adults have no chance to reach that stage, while kids under 16 can, and that is the reason why kids under 16 should get pyschiatric treatment while people over 16 should be jailed.
It depends on the case and the state they're in. Some states focus more on punishment than rehabilitation (putting them to work), others keep it more like a holding area for dangerous people to build their communities, while others do offer a lot of rehabilitation. It seems to me that the prison system is so screwed up because the prisoners have rights and have the option to do what they want while in there. They don't have to go to therapy sessions (if they aren't in there under an insanity plea or whatever) or further their education, they don't have to do anything except the mandatory things prisoners do.-jinx- said:1) As a general statement, I don't think American society has ever reached a consistent point of view about the purpose of our criminal system. Is the purpose of sending someone to jail to punish them? To restrain them from future criminal acts? To fix the psychological issues which caused the criminal behavior and prevent them from recurring?
And no, "all three" isn't an acceptable answer since those three purposes are quite different from each other. If the goal is to rehabilitate, then you should be receiving treatment while detained, right? That isn't the typical jail experience -- in fact, many come out in far worse shape than they did going in. If the goal is to keep a threat away from society, but it's possible for someone to change, then shouldn't they be released as soon as they aren't a threat anymore? And if the goal is strictly to exact retribution, I think that's a sad commentary. No amount of punishment is going to make up for the loss of a loved one, and if we're going to sign up for vengeance as being one of our societal values, why not just allow the aggrieved family to kill someone on the other side and "even up" that way?
Kids mature at different rates, and 18 is pretty much the standard for when they reach the "mature" (ending the formal operational stage) mentality. You could go by case by case, but that would take long. So it's easier to judge the extremely small cases that involve kids doing "Adult" things. So those who want to emancipate themselves from their parents, get married or even kill someone can go to court to see if they're "adult enough." =P-jinx- said:2) As another general statement, American society has never reached a consistent point of view about what constitutes "being an adult." I'm not a psychologist, but assuming Loki's research is correct and the majority of people at the age of 15 have brains which can understand long-term consequences (is that the definition of being "adult?"), then I say we ought to declare 15 legal majority for EVERYTHING: vote, serve in the military, buy alcohol, have sex, work full-time, buy porn, sign themselves out of school to stay home and watch soap operas, whatever. I'm just sick to death of the inconsistencies -- pick one age for majority, and live with it. Minotauro was exactly on point with his comment.
Loki said:No, that wasn't what I meant. However, I do feel that rehabilitation (i.e., education, counseling, vocational training etc.) should be a prominent feature of our incarceration system for most types of criminals (again, not for murderers, and likely not for pedophiles either for the reasons stated), not only for underaged offenders.
In general, the American system of justice is described by three motives you explained above: retribution, utilitarianism and rehabilitation, and the answer to your first question is often: "all three". However, rehabilitation as a goal for the criminal justice system is only a recent phenomenon, arising in the early - mid 20th century. And it is because of the incompatibilities between those divergent ideas of criminal justice that we have the juxtaposition of 20 year drug offenses and 12 year manslaughter convictions.-jinx- said:1) As a general statement, I don't think American society has ever reached a consistent point of view about the purpose of our criminal system. Is the purpose of sending someone to jail to punish them? To restrain them from future criminal acts? To fix the psychological issues which caused the criminal behavior and prevent them from recurring?
And no, "all three" isn't an acceptable answer since those three purposes are quite different from each other. If the goal is to rehabilitate, then you should be receiving treatment while detained, right? That isn't the typical jail experience -- in fact, many come out in far worse shape than they did going in. If the goal is to keep a threat away from society, but it's possible for someone to change, then shouldn't they be released as soon as they aren't a threat anymore? And if the goal is strictly to exact retribution, I think that's a sad commentary. No amount of punishment is going to make up for the loss of a loved one, and if we're going to sign up for vengeance as being one of our societal values, why not just allow the aggrieved family to kill someone on the other side and "even up" that way?