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Subject:

“So Young and So Untender”: Remorseless Children and the Expectations of the Law

Tools:

Journal Title:

COLUMBIA LAW REVIEW

Volume:

Volume 102

Publisher:

, Pages 1469-1469

Type of Work:

Article | Final Publisher PDF

Abstract:

A nine-year-old speaks with apparent callousness as he walks by the body of the girl he has killed. A fourteen-year-old jokes about "body parts in her pocket" after bashing in her mother's head with a candlestick holder. And a fifteen-year-old laughingly names his accomplice "Homicide" after participating in a robbery that culminated in the victim's death. Seemingly remorseless acts such as these can have a crucial impact on the way a child or adolescent fares in the juvenile justice or criminal system. Yet, when one looks closely at what the courts interpret as indicators of remorselessness - taking into account psychological findings about the developmental stages, sociological theories about the code of the street, and literary portrayals of the paradoxes of the human mind - these indicators often appear ambiguous, the courts' interpretations problematic.
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