Children, Brain Development and the Criminal Law

Also, a child may have brain damage from being physically abused by their parents. The effects of brain damage will of course depend on the are of the brain affected.

http://www.sciencedaily.com/releases/2012/06/120618102840.htm

ScienceDaily (June 18, 2012) — 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.

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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."

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