About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

46 Tex. Tech L. Rev. 71 (2013-2014)
The Widening Maturity Gap: Trying and Punishing Juveniles as Adults in an Era of Extended Adolescence

handle is hein.journals/text46 and id is 81 raw text is: THE WIDENING MATURITY GAP: TRYING AND PUNISHING JUVENILES AS ADULTS IN AN ERA OF EXTENDED ADOLESCENCE David Pimentel I. INTRODUCTION ...........................................72 II. SOCIETAL SHIFTS-EXTENDING ADOLESCENCE ....... ........74 A. Earlier Generations' View: You're On Your Own, Kid!.........74 1. Getting a Job and Providing for Yourself .... ............74 2. Preparing to Be On Your Own: Learning Work and Responsibility....................... .........75 B. The New Parenting Paradigm: We're There for You, Kid! .... 75 1. Clinging Parents ..................... .........76 2. Clinging Young People ..........................77 3. Postponing the Responsibilities ofAdulthood..................78 C. Interpreting and Understanding the Shift.......... ......79 1. The World Is a More Dangerous Place ......... .......... 79 2. The Perception that Children Are Not Capable of Fighting Their Own Fights, and Must Be Protected.......... 80 3. Smaller Families .................... .......... 81 4. No Need to Grow Up So Fast........................ 82 III. WHAT SCIENCE TELLS US ABOUT BRAIN DEVELOPMENT AND MATURITY ...................8.....3.. ................83 IV. SOCIETAL SHIFTS-TRYING AND PUNISHING JUVENILES AS ADULTS.............................................. 84 A. Putting Kids in the Adult Criminal Justice System Is a New Phenomenon .................................... 86 B. Who Gets Tried as an Adult? ................ ......... 86 1. Procedural Mechanisms ................ .............. 87 a. A Sampling of the Procedures Illustrating the Different States' Varied Approaches...................... 87 i. Presumption ofJuvenile Court Jurisdiction- Prosecutors Can Seek Waiver.......... ...............87 2. Prosecutorial Discretion and Concurrent Jurisdiction..... 87 * Visiting Associate Professor, Ohio Northern University; B.A., Brigham Young University; M.A., University of California, Berkeley; J.D., Boalt Hall School of Law, University of California, Berkeley. Thanks to Arnold Loewy and Texas Tech University School of Law for the opportunity and invitation to address these compelling issues. Thanks to Kevin Donahoe, Tessa Scott, and Sarah Shilvock for excellent research assistance. Opinions expressed herein are exclusively those of the author. 71

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most