CMY2604
Assignment 1
Unique No:
Due 2025
, Question 1
Developmental factors to be considered in Devon’s criminal capacity and sentencing under the
Child Justice Act 75 of 2008
The Child Justice Act 75 of 2008 requires that every child offender undergo a pre-trial
assessment focusing on their developmental stage, level of criminal capacity, and the personal
or environmental circumstances that may have shaped their offending behaviour (Skelton &
Tshehla, 2008). In Devon’s matter, five developmental considerations are especially important.
1. Age and Emotional Development
At 17, Devon is still legally a child. Research in developmental psychology shows that
adolescents often struggle with impulse control, long-term planning, and emotional regulation
because their brains are still maturing (Steinberg, 2017). His assessment pointed to emotional
immaturity, which limits his ability to consistently distinguish right from wrong or act with
restraint. This lack of maturity makes it more appropriate for the court to focus on rehabilitation
and guidance rather than a strictly punitive approach.
2. Cognitive and Intellectual Abilities
The psychological report further showed that Devon functions below the average intellectual
range. Reduced cognitive capacity is often linked to weaker decision-making, limited foresight,
and heightened susceptibility to peer pressure (Viljoen, McLachlan & Vincent, 2010). Since the
Child Justice Act requires consideration of whether the child fully grasped the seriousness of
their conduct (Gallinetti, 2009), his intellectual challenges may lessen his degree of
accountability and strengthen the case for educational and therapeutic sentencing options.
3. Family Environment and Attachment
Devon’s discovery of his adoption at the age of 11 created feelings of rejection and led to
ongoing conflict within his family. Studies show that fragile family bonds and unresolved
attachment difficulties increase the likelihood of delinquency and aggression (Murray &
Farrington, 2010). The Child Justice Act acknowledges the central role of a supportive home
environment in rehabilitation, which means the court is likely to consider these relational
difficulties as a contributing factor. Psychological support and restorative interventions could
therefore be recommended to address underlying trauma and strengthen family relationships.
Assignment 1
Unique No:
Due 2025
, Question 1
Developmental factors to be considered in Devon’s criminal capacity and sentencing under the
Child Justice Act 75 of 2008
The Child Justice Act 75 of 2008 requires that every child offender undergo a pre-trial
assessment focusing on their developmental stage, level of criminal capacity, and the personal
or environmental circumstances that may have shaped their offending behaviour (Skelton &
Tshehla, 2008). In Devon’s matter, five developmental considerations are especially important.
1. Age and Emotional Development
At 17, Devon is still legally a child. Research in developmental psychology shows that
adolescents often struggle with impulse control, long-term planning, and emotional regulation
because their brains are still maturing (Steinberg, 2017). His assessment pointed to emotional
immaturity, which limits his ability to consistently distinguish right from wrong or act with
restraint. This lack of maturity makes it more appropriate for the court to focus on rehabilitation
and guidance rather than a strictly punitive approach.
2. Cognitive and Intellectual Abilities
The psychological report further showed that Devon functions below the average intellectual
range. Reduced cognitive capacity is often linked to weaker decision-making, limited foresight,
and heightened susceptibility to peer pressure (Viljoen, McLachlan & Vincent, 2010). Since the
Child Justice Act requires consideration of whether the child fully grasped the seriousness of
their conduct (Gallinetti, 2009), his intellectual challenges may lessen his degree of
accountability and strengthen the case for educational and therapeutic sentencing options.
3. Family Environment and Attachment
Devon’s discovery of his adoption at the age of 11 created feelings of rejection and led to
ongoing conflict within his family. Studies show that fragile family bonds and unresolved
attachment difficulties increase the likelihood of delinquency and aggression (Murray &
Farrington, 2010). The Child Justice Act acknowledges the central role of a supportive home
environment in rehabilitation, which means the court is likely to consider these relational
difficulties as a contributing factor. Psychological support and restorative interventions could
therefore be recommended to address underlying trauma and strengthen family relationships.
