Child-Friendly Criminal Justice. The Right of the Child to Be Heard

• Author: Aldea, A.
• Position: Law Department, Transilvania University of Brasov
• Pages: 89-92

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 6 (55) No. 1 - 2013

CHILD-FRIENDLY CRIMINAL JUSTICE.

THE RIGHT OF THE CHILD

TO BE HEARD

Adrian ALDEA1

Abstract: This paper seeks to discuss how the limited capacity of the child

can be realistically accounted for in court proceedings. Firstly, analysis is

undertaken of the data concerning the legal capacity of children in the court

process. Secondly, international instruments are analyzed in order to obtain

a conclusion.

Key words: children, legal capacity, juvenile, criminal procedure, trial.

1 Law Department, Transilvania University of Braşov.

1. Introduction

In recent years developmental research

has enhanced our understanding of child

and adolescent development.

Some authors [1] assert that there are

four spheres of development in children

and adolescents: neurological, intellectual,

emotional and psychosocial.

In the neurological area children in early

and mid-adolescence are generally

neurologically immature.

Another author [2] that their brains are

unstable and they have not yet attained

their adult neurological potential to

respond effectively to situations that

require careful or reasoned decisions.

In the intellectual division, children and

younger teens differ significantly from

adults in their cognitive functioning. In the

emotional and psychosocial categories,

children are shown to lack impulse control

and future orientation.

Grisso and Scott conclude that between

the ages of 12 and 15, impulse control

improves. However, for some adolescents

this process extends well into middle or

late adolescence.

In the psychosocial realm, adolescents

have been proved to be less risk averse

than adults. They tend to weigh anticipated

gains more heavily than losses in making

choices.

Children and adolescents tend to focus

on the short term implications of decisions

and to pay less attention to the long term

consequences.

During the period of early to mid-

adolescence, decisions are often driven by

acquiescence or opposition to authority or

by efforts to gain peer approval.

These cognitive and emotional

limitations have been held to directly

impact on the ability of the child to

participate effectively in legal proceedings.