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Children, brain
development and the criminal law
Date:
June 18, 2012
Source:
Economic & Social
Research Council
Summary:
The legal system needs
to take greater account of new discoveries in neuroscience that show how a
difficult childhood can affect the development of a young person's brain which
can increase the risk adolescent crimes, according to researchers.
......................
the legal system needs
to take greater account of new discoveries in neuroscience that show how a
difficult childhood can affect the development of a young person's brain which
can increase the risk adolescent crimes, according to researchers.
The research will be presented as part of an Economic and Social Research
Council seminar series in conjunction with the Parliamentary Office of Science
and Technology.
Neuroscientists have recently shown that early adversity -- such as a very
chaotic and frightening home life -- can result in a young child becoming hyper
vigilant to potential threats in their environment. This appears to influence
the development of brain connectivity and functions.
Such children may come to adolescence with brain systems that are set
differently, and this may increase their likelihood of taking impulsive risks.
For many young offenders such early adversity is a common experience, and it
may increase both their vulnerability to mental health problems and also their
risk of problem behaviours.
These insights, from a team led by Dr Eamon McCrory, University College
London, are part of a wave of neuroscientific research questions that have
potential implications for the legal system.
Other research by Dr Seena Fazel of Oxford University has shown that while
social disadvantage is a major risk factor for offending, a Traumatic Brain
Injury (TBI) -- from an accident or assault -- significantly increases the risk
of involvement in violent crime. Professor Huw Williams, at University of
Exeter, has similarly shown that around 45 per cent of young offenders have TBI
histories, and more injuries are associated with greater violence.
Professor Williams said: "The latest message from neuroscience is that
young people who suffer troubled childhoods may experience a kind of 'triple
whammy'. A difficult social background may put them at greater risk of
offending and influence their brain development early on in childhood in a way
that increases risky behaviour. This can then increase their chances of
experiencing an injury to their brains that would compromise their ability to
stay in school or contribute to society still further."
Professor Williams wants to see better communication between
neuroscientists, clinicians and lawyers so that research findings like these
lead to changes in the legal system. "There is a big gap between research
conducted by neuroscientists and the realities of the day to day work of the
justice system," he said. "Although criminal behaviour results from a
complex interplay of a host of factors, neuroscientists and clinicians are
identifying key risk factors that -- if addressed -- could reduce crime.
Investment in earlier, focussed interventions may offset the costs of years of
custody and social violence."
Dr Eileen Vizard, a prominent adolescent forensic psychiatrist, will talk
at the event Neuroscience, Children and the Law, about how the criminal justice
system needs to be changed to age appropriate sentencing for children as young
as ten years old, whilst also providing for the welfare needs of these deprived
children. Laura Hoyano -- a leading expert on vulnerable people in criminal
courts -- will discuss the problems children face when testifying in criminal
courts.
Story Source:
The above story is based on materials provided by Economic & Social Research
Council. Note: Materials may be edited for content and length.