Viljoen Jodi L, Klaver Jessica, Roesch Ronald
Department of Psychology, University of Nebraska-Lincoln, Lincoln, Nebraska 68588-0308, USA.
Law Hum Behav. 2005 Jun;29(3):253-77. doi: 10.1007/s10979-005-3613-2.
While there is an increasing recognition that developmental differences may exist in legal decision-making, little research has examined this. This study examined the legal judgments of 152 defendants aged 11-17 (73 females, 79 males). Adolescents aged 15 and younger were more likely than older adolescents to confess and waive their right to counsel, and less likely to report that they would appeal their case or discuss disagreements with their attorneys. Also, while adolescents aged 15-17 were more likely to confess, plead guilty, and accept a plea bargain if they perceived that there was strong evidence against them, younger defendants' legal decisions were not predicted by the strength of evidence. Importantly, defendants with poor legal abilities were more likely to waive legal protections, such as the right to counsel and to appeal. Defendants from below-average socioeconomic backgrounds were more likely to waive their interrogation rights, and defendants from ethnic minority groups were less likely to report that they would disclose information to their attorneys. The advice of attorneys, parents, and peers emerged as important predictors of plea decisions. None of the defendants reported that their parents advised them to assert the right to silence during police interrogation.
虽然人们越来越认识到法律决策中可能存在发育差异，但对此进行的研究很少。本研究调查了152名年龄在11至17岁之间的被告（73名女性，79名男性）的法律判决情况。15岁及以下的青少年比年龄较大的青少年更有可能认罪并放弃获得律师帮助的权利，且不太可能表示他们会对案件提出上诉或与律师讨论分歧。此外，虽然15至17岁的青少年如果认为有强有力的证据对其不利，就更有可能认罪、承认有罪并接受认罪协议，但较年轻被告的法律决策并非由证据的力度所决定。重要的是，法律能力较差的被告更有可能放弃法律保护，如获得律师帮助的权利和上诉权。社会经济背景低于平均水平的被告更有可能放弃他们的讯问权利，而少数族裔群体的被告不太可能表示他们会向律师披露信息。律师、父母和同龄人的建议成为认罪决定的重要预测因素。没有一名被告表示他们的父母建议他们在警方讯问时主张沉默权。
