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Cruel and Unusual Punishment: The Juvenile Death Penalty: Adolescence, Brain Development and Legal Culpability

NCJ Number
206992
Author(s)
Adam Ortiz
Date Published
January 2004
Length
4 pages
Annotation
Within the last 5 years, scientists have used new technologies to discover that adolescent brains are far less developed than previously believed, which confirms that adolescents are less morally culpable for their actions than competent adults and are also better candidates for change and rehabilitation.
Abstract
Scientists are now using advances in magnetic resonance imaging to create and study three-dimensional images of the brain without the use of radiation. This allows scientists to safely scan children over many years to track the development of their brains. The evidence is now strong that the brain does not reach its full development until the early 20's in those relevant parts that govern impulsivity, judgment, planning for the future, foresight of consequences, and other characteristics that make people morally culpable. In addition to their underdeveloped brains, adolescents also undergo dramatic hormonal and emotional changes that are associated with aggression and self-absorption. Children who have been abused have the additional handicap of maladaptive coping mechanisms that increase their risk for delinquent behavior and violence. In 1992, research by Dr. Chris Mallett found that two-thirds of all juveniles sentenced to death had backgrounds of abuse, psychological disorders, low IQ, indigence, and/or substance abuse. The scientific confirmation of the biological influences that increase juveniles' risk for impulsive, aggressive, and irresponsible behavior does not excuse juveniles from being accountable for their behavior, but it should lessen their culpability compared with adults. 32 notes