Research Commons
      • Browse 
        • Communities & Collections
        • Titles
        • Authors
        • By Issue Date
        • Subjects
        • Types
        • Series
      • Help 
        • About
        • Collection Policy
        • OA Mandate Guidelines
        • Guidelines FAQ
        • Contact Us
      • My Account 
        • Sign In
        • Register
      View Item 
      •   Research Commons
      • University of Waikato Research
      • Law
      • Law Papers
      • View Item
      •   Research Commons
      • University of Waikato Research
      • Law
      • Law Papers
      • View Item
      JavaScript is disabled for your browser. Some features of this site may not work without it.

      Risky business: Developmental neuroscience and the culpability of young killers

      Midson, Brenda
      DOI
       10.1080/13218719.2011.615818
      Link
       www.tandfonline.com
      Find in your library  
      Citation
      Export citation
      Midson, B. (2012). Risky business: Developmental neuroscience and the culpability of young killers. Psychiatry, Psychology and Law, 19(5), 692-710.
      Permanent Research Commons link: https://hdl.handle.net/10289/5901
      Abstract
      Children and young people who kill do not always act with the mental acuity expected of someone who has reached full maturity, yet when they are charged with murder or manslaughter they are often tried as adults. This contradicts the basic principle of criminal responsibility that criminalisation is based upon moral blameworthiness. A conviction for murder requires at least a conscious appreciation of a real risk of death. Recent research by developmental neuroscientists shows that adolescence is a developmental stage and that the adolescent brain is not capable of the same level of reasoning expected in the average adult. This article suggests that the criminal justice system can adapt to these recent advances in knowledge via specific defences of a diminished capacity class, or by allowing evidence of general adolescent brain development to support defence arguments that a young accused did not form the mens rea required for murder.
      Date
      2012
      Type
      Journal Article
      Publisher
      Routledge
      Collections
      • Law Papers [301]
      Show full item record  

      Usage

       
       
       

      Usage Statistics

      For this itemFor all of Research Commons

      The University of Waikato - Te Whare Wānanga o WaikatoFeedback and RequestsCopyright and Legal Statement