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>.
No comments:
Post a Comment