There is now substantial evidence that heritable biological factors play a role in the genesis of repetitive antisocial behavior. The differing conceptual frameworks of behavioral genetics and the law are described, and the implications that current research in behavioral genetics may have for assigning responsibility for unlawful behavior are discussed.

Imagine a defendant who has been charged with murder, the intentional homicide of a victim he was robbing with a weapon. He has a history of three previous convictions and imprisonments for armed robbery. Prior to being released from the third term, he publicly threatened to kill any future armed robbery victims who might be able to identify him. When the current victim looked our armed robber ...

Home observations during childhood and criminal records 30 years later are used to address questions of relative impact among features of child rearing influencing male criminal outcomes. The results suggest two mechanisms: Maternal behavior appears to influence juvenile delinquency and, through those eflects, adult criminali@. Paternal interaction with the family, however, appears to have a mo...

In a trilogy of cases, the Supreme Court applied the Eighth Amendment to the entire category of juvenile offenders, repudiated its “death is different” jurisprudence, and required states to consider youthfulness as a mitigating factor in sentencing. Roper v. Simmons prohibited states from executing offenders for murder they committed when younger than eighteen years of age. Roper reasoned that ...

For centuries children were considered "mini-adults". Together with expressing the need to educate children and putting a stop to their integration in the work field from the earliest years the 19th century also displayed a new image of the child, which clearly separates him from the adults. In this paper the authors analyze the Romanian legislation addressing juvenile delinquency in criminal t...

The AAPL Practice Guideline for the Forensic Psychiatric Evaluation of Competence to Stand Trial provides a rich discussion of the legal standards and procedures for evaluating and determining a criminal defendant's trial competence and for restoring to competence defendants found to be incompetent. The document includes an up-to-date discussion of the applicable case law, examines ethics consi...

The independent, nonfederal Task Force on Community Preventive Services (Task Force), which directs development of the Guide to Community Preventive Services (Community Guide), has conducted a systematic review of published scientific evidence concerning the effectiveness of laws and policies that facilitate the transfer of juveniles to the adult criminal justice system, on either preventing or...

The legal presumption used in virtually all juvenile delinquency cases in the U.S. is that all juveniles are competent to stand trial. This Article calls for the elimination of that legal presumption, which is historically based on the Dusky v. United States decision and in the adult criminal justice system. The recent decisions of the U.S. Supreme Court recognize the developmental and organic ...