Abstract

http://ssrn.com/abstract=1087845
 
 

References (89)



 
 

Citations (1)



 


 



Social Information Processing, Subtypes of Violence, and a Progressive Construction of Culpability and Punishment in Juvenile Justice


Reid G. Fontaine


Florida State University

April 14, 2008

International Journal of Law and Psychiatry, Vol. 31, 136-149, 2008
Arizona Legal Studies Discussion Paper No. 08-05

Abstract:     
Consistent with core principles of liberal theories of punishment (including humane treatment of offenders, respecting offender rights, parsimony, penal proportionality, and rehabilitation), progressive frameworks have sought to expand doctrines of mitigation and excuse such that culpability and punishment may be reduced. With respect to juvenile justice, scholars have proposed that doctrinal mitigation be broadened, and that adolescents, due to aspects of developmental immaturity (such as decision making capacity), be punished less severely than adults who commit the same crimes. One model of adolescent antisocial behavior that may be useful to a progressive theory of punishment in juvenile justice distinguishes between instrumental violence, by which the actor behaves thoughtfully and calmly to achieve personal gain, and reactive violence, which is characterized as impulsive, emotional retaliation toward a perceived threat or injustice. In particular, social cognitive differences between instrumental and reactive violence have implications for responsibility, length and structure of incarceration, rehabilitation, and other issues that are central to a progressive theory of juvenile culpability and punishment.

Number of Pages in PDF File: 15

Keywords: Criminal Culpability, Juvenile Justice, Violent Subtypes, Punishment, Developmental Immaturity, Social Cognition

Accepted Paper Series


Download This Paper

Date posted: January 28, 2008 ; Last revised: April 16, 2008

Suggested Citation

Fontaine, Reid G., Social Information Processing, Subtypes of Violence, and a Progressive Construction of Culpability and Punishment in Juvenile Justice (April 14, 2008). International Journal of Law and Psychiatry, Vol. 31, 136-149, 2008; Arizona Legal Studies Discussion Paper No. 08-05. Available at SSRN: http://ssrn.com/abstract=1087845

Contact Information

Reid Griffith Fontaine (Contact Author)
Florida State University ( email )
Tallahasse, FL 32306
United States
Feedback to SSRN


Paper statistics
Abstract Views: 729
Downloads: 171
Download Rank: 98,013
References:  89
Citations:  1

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.281 seconds