NCJ Number
162885
Journal
Law and Human Behavior Volume: 20 Issue: 3 Dated: (June 1996) Pages: 219-228
Date Published
1996
Length
10 pages
Annotation
This article draws on cognitive-development research to discuss the distinction between children's capacity and performance in legal contexts; it then addresses three fundamental theoretical and methodological concerns that capacity research must consider to lay the groundwork for a valuable scientific contribution to the social discourse.
Abstract
The focus on children's capacities raises two research goals: the identification of children's capabilities relevant to law and the identification of the circumstances under which their performance varies. Cognitive research describes these goals as the competence-performance distinction (Wood and Power, 1987). Although definitions of competence and performance vary, generally competence refers to the knowledge and abilities expressed under ideal circumstances; performance includes the processing activities required to demonstrate knowledge, as well as the interpersonal and contextual factors that affect performance. Because the law is concerned about children's capacities only as they are demonstrated in a particular legal context, legally relevant research must address performance and how it may vary with age, psychosocial development, context, and task. Developmental and cognitive research have shown that capacities, or competence, as measured by a standardized test or laboratory task, many outshine performance. Capacity research must address three fundamental theoretical and methodological concerns if it is to make a needed scientific contribution. First, in addition to general capacity, the effect of specific legal contexts on performance requires investigation. Second, capacities research must take a developmental approach that uses appropriate, ecologically valid target and comparison samples. Third, legal standards and their inherent development assumptions about children's capacities must be operationalized and investigated from both legal and psychological perspectives. 50 references