Tuesday, January 20, 2015

The Play Years of Criminal Intent



     


The Play Years of Criminal Intent



     Criminal intent states that, “under our law, a person is guilty of an attempt to commit a crime when, with intent to commit a crime, he or she engages in conduct which tends to effect the commission of such crime.” (ATTEMPT TO COMMIT A CRIME PENAL LAW § 110.00) In the case of the six year old boy in Michigan who killed a classmate with a handgun after a “playground scuffle” the day before, we must decide if the law coincides with the developmental stage of a six year old.  Can a six year old form criminal intent?

    According to Piaget, a Swiss scientist, a six year old is in the preoperational stage of life, between the ages of two and six, also known as the “play years.” (Berger, and Reviews) Six year olds have “centration thoughts and see things from their own viewpoint, known as ego-centrism.” From the article of this case study, it is evident that from the circumstances that took place after the shooting, that the six year old did not fully understand his actions. According to the article, “…he calmly drew pictures as he waited.”,   show’s that he did not fully understand what just took place, as if he thought what had happened, could have been reversed.

    During the preoperational stage, children learn and develop skills that will be used later in life. Sadly, the violence with the child’s father and grandfather’s gun charges that led to their imprisonment plays a huge role in the outcome that took place, based on the development of a child. Children’s brains develop largely from a nurturing view where the child develops from what he or she hears and see’s, the social environment. The six year old has learned what has been taught around him. The zone of proximal development (ZPD) plays a large role in the development of a six year old child. ZPD refers to the gap between what a given child can

achieve alone, their ´potential development as determined by independent problem solving´, and what they can achieve ‘through problem solving under adult guidance or in collaboration with more capable peers’ (Vygotsky, 1978) Which is probable of why “A 19 yr old male in the household who allegedly possessed the stolen gun was charged with involuntary manslaughter”. Even after the imprisonment of the father and grandfather; the same conditions are still evident from the evidence that was found in the home afterwards.

    Social learning is a key in the development of the preoperational stage. According to Vygotsky, a child is what is called an “apprentice in thinking, someone whose intellectual growth is stimulated and directed by older and more skilled members of society.” (Berger and Reviews) It is important to understand that a six year olds action to this degree and from the circumstances surrounding the social environment of his life is directly related to the development of his cognitive skills.

    In conclusion, having criminal intent in this matter is not supportive with the development of a six year olds mind. Intentions are irrelevant because of the child’s mind is not fully developed with logical reason to form intent. As stated before, the child has centration thoughts and is egocentric according to the details that was listed; as well as the social environment he is being brought up in. “Vygotsky viewed cognitive developments as a result of a dialectical process, where the child learns through shared problem solving experiences with someone else, such as

parents, teacher, siblings or a peer.  Originally, the person interacting with the child undertakes most of the responsibility for guiding the problem solving, but gradually this responsibility
transfers to the child”, ("starfsfolk")  but not in the preoperational stage of a six year old boy, which is why this is supportive of the decision made by the courts, under the law provided.



 Works Cited

ATTEMPT TO COMMIT A CRIME PENAL LAW § 110.00
Berger, Kathleen, and Cram101 Reviews. Outlines and Highlights for Development Person Through Life Span by Kathleen Stassen Berger, Isbn. Worth Pub, 2009. Print.  Pg 205, 234
 Vygotsky, L.S. (1978). Mind and society: The development of higher mental processes. Cambridge, MA: Harvard University Press.
"Lev Vygotsky." starfsfolk. N.p., n.d. Web. 13 Jul 2010. <http://starfsfolk.khi.is/solrunb/vygotsky.htm>.

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