Section 78. (b) Children.

The special character of the child has to be kept in mind both when it

appears as witness and as accused. To treat it like an adult is always

wrong. It would be wrong, moreover, to seek the differences in its

immaturity and inexperience, in its small knowledge and narrower

outlook. This is only a part of the difference. The fact is, that

because the child is in the process of growth and development of its

organs, because the relations of these to each other are different and

their functions are different, it is actually a different kind of being

from the adult. When we think how different the body and actions of the

child are, how different its nourishment, how differently foreign

influences affect it, and how different its physical qualities are, we

must see that its mental character is also completely different. Hence,

a difference in degree tells us nothing, we must look for a difference

in kind. Observations made by individuals are not enough. We must

undertake especial studies in the very rich literature.[281]

Criminal Psychology: A Manual for Judges, Practitioners, and Students · 第 45 / 79 章