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Chronological age and crime: A review of how Swedish Courts evaluate age evidence
1Department of Security and Crime Science, University College London, 35 Tavistock Square, London WC1H 9EZ, UK; Centre for the Forensic Sciences, University College London, 35 Tavistock Square, London WC1H 9EZ, UK; Law Faculty, Uppsala University, Sweden, Munken 1, Trädgårdsgatan 20, 753 09 Uppsala, Sweden.
Abstract:
In criminal cases, age estimations are not only commonly occurring but also tremendously influential e.g. for determining whether an individual is old enough to be held responsible as well as the appropriate sentencing. In this research we review 61 Swedish cases focusing on the 15, 18 and 21 years thresholds, which entailed varying forensic, oral and documentary age evidence. The findings suggest e.g. that age estimations are most commonly used for sentencing issues (18/21 years) and that forensic age evidence is more influential than other types of age evidence. When the case concerned a violent crime, the odds that the Courts concluded that an individual was 18 years or older were 38 times higher when there was supporting forensic evidence supporting, while no corresponding trends were seen for oral and documentary age evidence. The research highlights both methodological and human sources of error to be addressed in research and legal practice.
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