Stacie L. Patterson Law Blog
Posted - 10/08/2009 08:02am
0 Comments | Add Comment When Are Teens and Young Adults Criminally Responsible?
Scientific research seems to show the brains of teenagers and young adults may explain the impulsive behavior which often leads to criminal prosecution. Recently, Alan Greenblatt questioned, What is the Age of Responsibility in Governing. He reported,
According to Temple University professor Laurence Steinberg in Should the Science of Adolescent Brain Development Inform Public Policy?:Using advanced brain-scanning technology, scientists are getting a better view of how the human brain develops than ever before. And what they’ve found is that in most people, the prefrontal cortex and its links to other regions of the brain are not fully formed until age 25—much later than anyone had realized. These areas are the seat of “executive decision making”—the parts of the brain that allow people to think through the likely consequences of an action, weigh the risks and benefits and stop themselves from acting on impulse. In other words, the stuff that makes you a mature person.
In the context of criminal law, I believe the age and mental functioning of the purported offender must be considered. Judges, prosecutors and probation officers, must strive to understand the individual functioning of a purported offender whether s/he is a juvenile or young adult. Such consideration may lead to a more empathic understanding of the individual's conduct and more support and perhaps supervision if convicted.If there is an overarching theme to emerge from the science of adolescent brain development, it is that teenagers are less mature than we might have thought. This, in turn, begs the following policy question: If adolescents are less neurobiologically mature than adults, shouldn’t our policies and practices involving young people take this immaturity into account? More specifically, doesn’t the immaturity of the adolescent brain argue for added protections for young people (e.g., for disqualifying young people from exposure to the possibility of a sentence of life without the possibility of parole, or passing more stringent child labor laws) and, as well, for fewer rights (e.g., raising the driving age to 18 or returning the voting age to 21)?

