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Defining the Age of Criminal Responsibility 147

(Umbreit, 1995). Umbreit also argues that the justice system should start practicing
interventions or "restorative justice" in which the victim, the offender, and the
community actively solve problems together. Psychologists would then be called in
to assist the juvenile justice system with this proactive approach.

Forensic Psychology and Policy Implications

It used to be that when an offense occurred, the offender incurred an obligation
to society and/or the victim. Even though public safety was of primary concern,
the idea was not to punish the offender; rather, it was to provide opportunities for
the offender to offer restitution to the victims and/or community. It is important,
however, for the courts to remember that juveniles are still growing and develop-
ing. "Our lack of scientific knowledge concerning child development and family
functioning renders what is in the best interests of children largely indeterminate"
(Reppucci & Crosby, 1993, p. 5). There is no way to guarantee that what psychol-
ogists and courts believe is actually in the best interest of a youth. If society is going
to hold a juvenile accountable as an adult, then the juvenile should receive the same
rights as an adult. Additionally, when the court treats a youthful offender like an
adult, does the court protect the youth and society (now and in the future)? In the
legal system many unlawful acts also constitute moral violations, therefore we must
take into account how moral development affects the ability of a juvenile to under-
stand why a particular action is "wrong" (Peterson-Badali & Abramovitch, 1993).

Suggestions for Future Research

In order to provide useful information for legal decision makers, future psychologi-
cal research must be conducted with legal issues in mind. In this way, the findings will
have a direct impact on the law (Reppucci & Crosby, 1993). We need to continue
to examine legal cases like Kent v. United States (1966) and integrate psychology's
knowledge about children's best interests and capacities to the decision-making
process of the juvenile justice system. If research is conducted carefully with the
inclusion of legal issues, the relationship between psychology and law can be woven
together and will enable judges to make decisions that are in the best interest of the
juvenile. Legal standards and their assumptions about children's capacities must be
investigated from both legal and psychological perspectives (Woolard et al., 1996).
Studying children's capacities and performance in a legal context, however, is diffi-
cult because children can only be compared with adults or other "normal" children
(Woolard etal, 1996).
Throughout this section, issues of whether to rehabilitate or to punish an indi-
vidual have continually occurred. It is important to conduct research on the effects
of punishment versus treatment so that juveniles who need help can effectively

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