Monday, April 12, 2010

Article #10 Final Post :)

My reseach is finally comming to an end and its almost time to start my paper :). I still have a few more things too look up but im really excited to start typing it up. One of the last things i wanted to look up was temporary medical emancipation. In most states a child can get temporary mediacl emancipation when they become pregnant or when they get tested for STD's. Most medical facilities aloow this to be a form of emancipation because they do not make you tell you parents about taking the test or the results from it. Some doctors even allow teenagers to get different forms of contraceptives without getting the A-okay from their guardians. This article relates to my topic because if teens can get a "temporary emancipation" maybe their should be more ways of obtaining emancipation. Also this shows that adults do have a little trust in teens so it wont be as hard to persuade them to give teens a little more freedom. Overall im really excited about this project and i love the fact that we got to pick our own topicss.

Article #9 Teen Brain

Source Citation:
"The Teen Brain: Behavior, Problem Solving, and Decision Making." American
Academy of Child & Adolescent Psychiatry. N.p., Sept. 2009. Web. 12 Apr.
2010.

I am coming near the end of the research part of this project but their was something that I still wanted to learn a little bit more about--the teenage brain. I talked a little bit about this in the beginning but I wanted some more information because I thought it would help me understand why people are against medical emancipation in minors. While reading their are some pretty strong facts that support the counter agreement of my paper but I am going to try and use some of my facts to support my research. The teen age brain is a very interesting thing and it is also very complex. I really believe that if I get a better understanding of how the teen brain works in comparison to the adult brain it will help me understand my topic more. Some interesting facts I learned are stated below:
1. Brains continue to grow and develop even into early adulthood.
2. In the brain their is a part called the amygdale. it forms very early at birth and it is responsible for spur of the moment decisions and the frontal cortex which helps you make reasonable decision doesn’t start forming until later.
3. As you can probably tell teenagers brains function more in the amygdala.
4. Even though the brains function differently that does not mean young people cannot make good decisions and it also does not mean that they don’t know the difference between right and wrong.

Driving teenage years the brain is very open to change and can handle it well. this is an advantage because it is easier to teach a child than adult so with that being said it would be easier to train a child how to make proper decisions[about their health] than it would be at a later age. Some people may look at these things as negative effects of being a teenager but I look at them as opportunities to be better.

Article #8 Age of Discretion

Sorce Citation:
"Age of Discretion." Dictionary.Com. RandomHouse, n.d. Web. 12 Apr. 2010


I know I have been talking about the age of majority a lot but know I want to talk a little bit about the age of discretion. when I first fond this term online I thought it was the same thing as the majority but I soon realized that the two are slightly different. Dictionary.com defines the age of discretion as the age at which a person becomes legally responsible for certain acts and competent to exercise certain powers. The actual age of discretion varies based upon the state/circumstances/ or what religion you practice. Usually though the age is between 14-16. This article helps me because it connects back to previous things I have mentioned in earlier blogs and it would make a perfect start for the level systems. Hopefully I can find some more ways to connect this back to my topic.

Article #7 Not All Teenagers are Alike

Source Citation:
Mahowald, Mary B. "Flawed Laws, Better Ethics: Not All Teenagers Are Alike ."
Politics and Life Sciences 15.2 (1996): 297-298. JSTOR. Web. 12 Apr.
2010.

As I mentioned in my last blog I don’t think it’s fair that a 7 year old and a 17 year old basically have the same rights. It also isn’t fair that not all teenagers are alike and it’s not fair to put them all on a basic scale. Mary B. Mahowald writes that the age [of majority] should be chosen on a special census. I believe she is right because everybody is different and their situations are always going to be different so why put an age limit that is so high up [18]. Normally when their are laws there are in-between marks like working your way up the ladder. Take Drivers training for example, first at a specific age you can start taking driving classes, then after you pass your first test a few months later you can get you license and be able to drive without a parent, and finally after a year you have a regular license just like all of the adults who drive. That system starts you at the bottom and you work your way up to the top. Medical emancipation in general just has two steps. The first is not having any rights and then you go to making decisions for your self. This system does not give the individuals any learning by experience time and all of a sudden they are just thrown out with out too much guidance. the article relates too my topic because it shows that you cant just have one set of guideline and lawmakers always need to have backup plans for the exceptions of the law. Or what if instead of all people under the age of 18 should not all be generalized with the term children? I’m not sure but I think I have to go look that up some more.

Article #6 History Of Adolescent

Source Citation:
Marks, F. Raymond. "Detours on the Road to Maturity: A View of the Legal
Conception of Growing up and Letting Go ." Law and Contemporary Problems.
Vol. 39. N.p.: Duke University School of Law, 1975. 78-92. 3. JSTOR. Web.
12 Apr. 2010.

Since my topic is not as common as some of the other ones that were picked I really have to do a lot of reading and applying things to the context of my situation of writing a paper. Their was a really interesting article on JStor that kind of goes through the history of adolescents. In the article it talks about how things use to be and how we adapt new rules to fit our society. It also makes an interesting point of how all kids are all treated the same in the eye of the law no matter how old you are. So whether a child is 7 or 17 they pretty much have the same limits, is that really fair? I know the brain is still developing even until your 20's but the brain of a 7 year old and a 17 year old are still very different. Maybe this could be a solution to my problem and that the states need to make a more detailed system of levels that give more freedom as you get older. In today’s way of law in the medical industry it is pretty much a hit or miss and their are no in-betweens even for the young adults that can handle big decisions like this. This article provided a lot of insight and it gave room for a lot of options for me to think about. Also from in the article their was a part about how in some states you are considered medically emancipated for certain things such as pregnancy or testing for STD's. These are some of the beginning steps to get teens more prepared to make life decisions but it is still not enough.

Article #5 Letting Children Decide

After I reviewed My Sisters Keeper I realized that I agree with people on medical emancipation but I also disagree with them at the same time. To stop confusion in my paper I decide to make my thesis, Yes children should be able to medically emancipate themselves but only under relevant circumstances or at a specific age. Now that I have my thesis points of interest are starting to come along in my paper. In an article I found the author wrote that some times adult forget children are people with individual needs and wants. The article didn’t directly have to deal with my topic but I have found that while researching sometimes you have to branch out a little bit. When I read that comment I was able to make that comment relate back to my topic. If the adult/parent/legal guardian of the child is able to keep in mind that the medical procedure is for the best interest of the child than their could possibly not be as much tension when making a decision on treatment. I think that I could use this in my paper to show that with guidance an adolescent could make their own medical decisions if people explain things to them more. Also I could use this to show that just because the children are not 18 yet they still have rights in society and people shouldn’t undermine their abilities.

Article #4 My Sisters Keepr

Source Citation:
Picolt, Jodi. My Sisters Keeper. New York: Washington Square Press, 2004. Print.

When I picked my topic of Medical Emancipation I got a lot of questions from people asking did I pick this based on the book My Sisters Keeper. Even though this book has a lot to do with my topic that was not my sole reason for picking it. As I have been doing my research I realized that I had not used this great source.
For anybody who has not read the book or seen the movie (which I strongly recommend) My Sisters Keeper is a story about a girl who was created only to save her sisters life. Her sister had a type of cancer and one of the main reasons she continued to stay alive was because her sister was an exact match for everything she needed. Now her sister was in her early stages of becoming an adolescent and she finally came to a point where she wanted to have a say in what happened to her body. Even though she didn’t want her sister to die she wanted to be able to make the decision and not her parents (I think its more of a principle type thing.) Anyways she goes and finds a lawyer to help represent her in the suing of her parents to the rights to her body. Well you can read the rest of the story if it interest you since I do not want to give away too much of the book. I've realized that maybe medical emancipation isn’t for everyone, but in certain circumstances like this a child should not have to wait until they turn 18 to gain their rights. I think this may be the begging of my thesis. Hmmmm this could be an interesting point of view.

Article #3 Law vs. Ethics

Source Citation:
Hesse, Richard A, and Professor Emeritus. Editorial. Program Title: Ethics,
Moral and Law. Franklin Pierce Law Center, 2007. Web. 12 Apr. 2010.

The Age of Majority really interested me and it got my brain thinking about something interesting. I started to think about the concept of, just because it’s a law does it mean that it’s automatically right? I then came across a good article about law vs. ethics and the age old debate. Professor Emeritus writes that "Not infrequently, citizens find the law "unfair" or "contrary to common sense" or even "immoral." he then goes on to say that many citizens believe that the laws should be based on religious elements. I feel this could be an important point in my research. Everybody is different and even though we all have the same laws they can be interpreted differently. also theirs a thing called Cannon Law in the Catholic church which believe individuals of this faith reach the age of majority at 17, this can cause conflicts since most stated do not recognize you until your 18. This part will require a little more digging into but maybe this can be extremely helpful.

Sunday, April 11, 2010

Article #2 Age Of Majority

I know I talked about this a little bit in my last post but I was a little more curious about the topic. The definition of Age of Majority by the website I used is "The age when a person acquires all the rights and responsibilities of being an adult. In most states, the age is 18." I believe the age of majority is a good thing that we have instilled into our society because it makes a set of general rules that most of the states agree on. But with the age of majority there are also a few setbacks. 1. Not all people take that long to mature. 2. It is a fact that girls mature faster than boys. On the website it gives examples of how girls get to make decisions 2 years before guys do (ex at the age of 12 girls are said to be at age of discretion and boys do not reach this point until they turn 14.) If girls in general mature and make more rationale decisions faster than boys should the age of majority is gender related instead of just based on a common age? This question could really help me out later in me research. Maybe states need to revaluate their age of majority?

Article #1 Teen Brain Development

Source Citation:
Jay, Robin. "Teen Brain Development and Decision Making." Editorial.
Behavioral Health Central. N.p., 19 Mar. 2010. Web. 11 Apr. 2010.

While thinking about my topic, the first question I asked myself is where to start? After thinking about that a little bit I decided the best place for me to start researching was the BRAIN. Since the brain is our decision making device and my topic is all about making decisions it seems like a perfect fit.

While searching the internet I stumbled upon an article called Teen Brain Development Decision Making. This article talks about how the teen brain is "still under construction", and how the brain of a teenager is still young, I Relate this to the brain being like a sponge or like clay for that matter. Even the brain is still developing it does have the ability to make rational decisions but external factors have a greater influence on the individual and its decisions than that of a typical adult brain. Dr.Winters writes that a typical teenager can make good or bad decisions but they tend not think about the consequences long enough when faced with important tasks. Another interesting thing I found out was that society places these different ages of majority on certain tasks (voting, drinking, smoking, going to war etc.) even though the brain is still developing. This made me ask myself that if society is in charge of making specific rules about when certain things are acceptable is society always right? Also if the brain isn’t fully developed but certain activities are allowed by society than who should be in charge of making the age of majority? The most common ages of majority are 16, 18, and 21; these are usually considered rights of passages.
Relating this back to my topic of Medical Emancipation in Minors, I believe that the answer to my question, "Should children have the right to medically emancipate themselves" could go both ways. A person could say no they should not be able to medically emancipate themselves because their brain is not developed and they shouldn’t be able to make a big decision like this. But on the other hand if we go back to this age of majority thing in most states a teenager can drive at 16 without a parent in the car. Driving a car not only affects you and your life but it also affects everyone else on the road and their lives. So if we as a society trust our teenagers to have the possibility of endangering other people’s lives shouldn’t they have the ability to make their own medical decisions about THEIR lives?

My Topic

While thinking about what i should do for my research paper a brilliant idea came to me--Medical Emancipation in minors. This is kind of a random topic and not alot of people do it which is one of the main reasons i wnated to do it. One of my main inspirations for this was since i have had kidney stones since i was 4 their has always been a little thought in the back of my mind that says "What if i had the main say in what medical procedures went on in my body." Also the book My Sisters Keeper is very relevant to my topic. Im not really sure if i would want all of that responsibility but i like the idea of just having the option available to me. So this will be my building block for my paper and my goal is to find out if children should have the right to medically emancipate themselves?