There is a robust body of evidence that tells us that the juvenile brain is not fully developed by age 18, and this evidence should and does raise important questions about the sentencing of juveniles in criminal cases. This evidence, though, must be considered in the context of public opinion (about certain juvenile crimes that have been subject to saturation publicity) in the context of judges' decisionmaking (where such judges do not want to be perceived as “soft on crime”). The conflict between what we now know and what (false) “ordinary common sense” demands (in the way of enhanced punishments) flies squarely in the face of therapeutic jurisprudence precepts. If the legal process is to seek to maximize psychological well-being and if it is to coincide with an “ethic of care,” then, it is necessary for those involved in the criminal justice system to speak publicly about this topic, and to “call out” those – be they elected politicians, editorial writers and commentators in the conservative media, or judges – who urge retributive and punitive sentences for adolescents and children. In this paper, we will first give a brief overview about the current neuroscientific findings about juvenile brain development in the context of criminal behavior, and then discuss the current sentencing standards and regulations that are in place. Then, we will discuss the impact of therapeutic jurisprudence as a framework for advocating for juvenile clients, in order to maximize and preserve their psychological well-being and to mitigate trauma. Finally, we will offer recommendations for how experts can work with attorneys who are presenting sentencing arguments, in order to make the most comprehensive, scientifically persuasive case for leniency in juvenile sentencing.

中文翻译：

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“一些母亲的孩子误入歧途”：少年判刑治疗法学模型的神经科学方法1

有大量证据告诉我们，青少年的大脑在 18 岁时还没有完全发育，这一证据应该并且确实提出了关于刑事案件中青少年量刑的重要问题。但是，必须在法官决策的背景下（这些法官不希望被视为“对犯罪软弱”）的舆论背景（关于某些已经饱和宣传的青少年犯罪）考虑这些证据。 ）。我们现在所知道的与（错误的）“普通常识”要求（以加强惩罚的方式）之间的冲突在治疗法学戒律面前毫无保留。如果法律程序是为了最大限度地提高心理健康，并且与“关怀伦理”相一致，那么，it is necessary for those involved in the criminal justice system to speak publicly about this topic, and to “call out” those – be they elected politicians, editorial writers and commentators in the conservative media, or judges – who urge retributive and punitive sentences for青少年和儿童。在本文中，我们将首先简要概述当前关于犯罪行为背景下青少年大脑发育的神经科学发现，然后讨论当前的量刑标准和规定。然后，我们将讨论治疗法学作为倡导青少年客户的框架的影响，以最大限度地保护和保护他们的心理健康并减轻创伤。最后，