CMY2604
Assignment 1
Unique No:
Due 2025
, Dealing with Young Offenders
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 stipulates that a pre-trial assessment must evaluate
a child’s stage of development, criminal capacity, and the circumstances that may have
influenced the offending behaviour (Skelton & Tshehla, 2008). In Devon’s case, five
developmental aspects are central to the court’s consideration.
1. Age and Emotional Maturity
Devon, at 17, is legally still a minor. Developmental psychology highlights that
adolescents typically show impulsivity, difficulty anticipating consequences, and
underdeveloped emotional control due to ongoing brain development (Steinberg, 2017).
His psychological assessment revealed emotional immaturity, which undermines his
ability to fully distinguish right from wrong or act accordingly. This reduced maturity will
likely influence the court to prioritise rehabilitation rather than imposing a purely punitive
sentence.
2. Intellectual and Cognitive Functioning
The assessment indicated that Devon has below-average intellectual capacity. Limited
cognitive functioning often weakens judgment, self-control, and resistance to peer
influence (Viljoen, McLachlan & Vincent, 2010). As the Child Justice Act requires
evaluation of whether a child understood the seriousness of their actions (Gallinetti,
2009), Devon’s cognitive limitations may serve to mitigate his level of responsibility and
justify educational and therapeutic interventions.
3. Family Background and Attachment
At age 11, Devon’s discovery of his adoption led to feelings of rejection and strained
family relationships. Weak attachment bonds and family conflict are strongly linked to
delinquent and violent conduct (Murray & Farrington, 2010). Since the Act recognises
Assignment 1
Unique No:
Due 2025
, Dealing with Young Offenders
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 stipulates that a pre-trial assessment must evaluate
a child’s stage of development, criminal capacity, and the circumstances that may have
influenced the offending behaviour (Skelton & Tshehla, 2008). In Devon’s case, five
developmental aspects are central to the court’s consideration.
1. Age and Emotional Maturity
Devon, at 17, is legally still a minor. Developmental psychology highlights that
adolescents typically show impulsivity, difficulty anticipating consequences, and
underdeveloped emotional control due to ongoing brain development (Steinberg, 2017).
His psychological assessment revealed emotional immaturity, which undermines his
ability to fully distinguish right from wrong or act accordingly. This reduced maturity will
likely influence the court to prioritise rehabilitation rather than imposing a purely punitive
sentence.
2. Intellectual and Cognitive Functioning
The assessment indicated that Devon has below-average intellectual capacity. Limited
cognitive functioning often weakens judgment, self-control, and resistance to peer
influence (Viljoen, McLachlan & Vincent, 2010). As the Child Justice Act requires
evaluation of whether a child understood the seriousness of their actions (Gallinetti,
2009), Devon’s cognitive limitations may serve to mitigate his level of responsibility and
justify educational and therapeutic interventions.
3. Family Background and Attachment
At age 11, Devon’s discovery of his adoption led to feelings of rejection and strained
family relationships. Weak attachment bonds and family conflict are strongly linked to
delinquent and violent conduct (Murray & Farrington, 2010). Since the Act recognises
