The Call to Apply Brain Science to Plea Bargains for Developmentally Informed Approach
Date:  04-11-2021

Research on decision-making shows that adolescents are more likely to take risks and make impulsive choices
Juvenile Justice Information Exchange:

Imagine being 16 years old, arrested and charged with a crime after getting into trouble with a friend. You will remain locked up until your hearing. You haven’t spoken to anyone about what’s going on. Eventually, you meet your attorney 45 minutes before court and he says the prosecutor wants to offer you a deal. If you admit guilt, your punishment will be lighter than if you are found guilty in juvenile court.

You ask if you can have time to think and talk to your mom but the attorney says you must decide quickly because your hearing starts in 30 minutes. He also says if you take the deal, you’ll go home today, but if you turn it down you’ll have to wait in juvenile detention for your next court date. He says that you can’t change your mind after taking the deal. You ask your attorney what he thinks you should do and he says it is your decision, but if it was him, he’d take it.

You say you’ll take it. Your attorney tells the prosecutor. You need to quickly review what rights you’re giving up by pleading guilty. He says the judge will ask if you understand these rights and tells you how to answer the judge’s questions to make sure your deal is accepted. Only now does your attorney say you’re giving up your right to a hearing, to call witnesses and a bunch of other rights you don’t understand. You start wondering if you made the wrong choice but instead try to focus on going home. Continue reading >>>