International Perspectives of Neuroscience in the Youth Justice Courtroom

Cover
Half Title
Series
Title
Copyright
Contents
List of Contributors
Table of Statutes
Table of Cases
List of Abbreviations
Preface
1 Children’s Rights and the United Nations Committee on the Rights of the Child: Relevancy of Neuroscience in UK Youth Justice
	Introduction
	The UN Committee on the Rights of the Child and the Latest Neuroscientific Evidence
	United Kingdom
	England and Wales
		Minimum Age of Criminal Responsibility in England and Wales
		Fitness to Plead
	Scotland
		Minimum Age of Criminal Responsibility
		Fitness to Plead
	Northern Ireland
	Discussion
	Conclusion
2 Outlining the Relationship Between the English Youth Justice System and the Developmental Neurobiology of the Human Brain
	Introduction
	Framing How Children Are Treated in the English Criminal Justice System
	The Latest Neuroscientific Evidence on Brain Development and Its Relevancy to Law
		Early Brain Development
		The Cerebral Cortex
		Cerebral Cortex Development Lasts Well Into Adulthood
	Neuroscience and Childhood Criminal Responsibility and Appropriate Punishment
	Conclusion
3 ‘Seen and Not Heard’: In Defence of Children, Neuroscience, and Effective Participation at Trial
	Introduction
	Placing the Youth Justice System in the Context of the UNCRC and ECHR
	Defining the Role of Neuroscience
	Examining the Need for Unfitness to Plead in the Youth Courts
	Placing Neuroscientific Insights Into Adolescent Development in the Context of Capacity
	Responding to the Law Commission Reforms
	Conclusion
4 Promising Steps in Aotearoa New Zealand Criminal Law to Recognise Neurodiversity
	Introduction
	Judicial Expectations of How to Deal With People With Neurodiversity in the Aotearoa New Zealand Courts
	The Context of Neurodiversity in Aotearoa New Zealand
	Patterns of Neurodiversity in the Youth Justice System
	The Consequences of Neurodiversity in Aotearoa New Zealand
	Pilot Project for Young Adult List
	Developing Issues of Neurodiversity in Aotearoa New Zealand
	Judicial Understandings and Applications of Neurodiversity Evidence in Courts of Aotearoa New Zealand
	District Court and Youth Courts of Aotearoa New Zealand Lead the Way
	A Sad Lesson of the Failure to Understand Neurodiversity
	The Higher Courts Show a Waking Awareness of the Importance of Neurodiversity
	The Crucial Importance of Appropriate Experts Giving Evidence
	Conclusion
5 A Development-Informed Concept of Adolescent Mens Rea
	Introduction
	The Importance of Mens Rea
	Inference and Criminal Law
	Adolescent Defendants, Neuroscience, and the Trouble With Inference
	Conclusion
6 Neuroscience-Informed Sentencing of Children in England and Wales
	Introduction
	The Development of Distinct Approaches to Children in England and Wales
	The Characteristics of Children Sentenced in the Criminal Justice System in England and Wales and Increasing Awareness of the Relevance of Developments in Neuroscience
	The Number of Children Sentenced Each Year, the Sentences Imposed, and Changes Over Time
	Ethnicity and Gender
	Prevalence of Mental Health Issues and Neurodevelopmental Disorders
	Growing Understanding of How the Brain Develops in Adolescence
	Statutory Provisions Concerning Sentencing Children
	Guidance, Judicial Comment, and Policy on Sentencing Children and the Relevance of Neuroscience
	R v M
	R v Fuller
	R v Cleland
	R v Surrey
	Conclusion
7 Reimagining Youth Justice – The Irish Experience of Sentencing Young Offenders
	Introduction
	Ireland’s Legislation
	Authors’ Research
	Recommendations
	Absence of Court Data
	Failure to Take Into Account Personal Issues, Such as Scientific Insights Concerning the Development and Maturation of Adolescents Who Sexually Offend
	Lack of Judicial Training and Specialisation in Youth Justice
	Appropriate Sentences Hampered by Inadequate Resources
	Delay and Children Who Age Out
	Sentencing
	Legislative Changes
	Resources
	A New Children’s Court
	Conclusion
8 Examining the Role of Neuroscience in Youth Sentencing in U.S. States and Territories
	Introduction
	Youth Are Different
		Neuroscientific Differences
		Criminal Legal Differences
	Supreme Court Recognises That Youths Are Different
	Miller Factors
	Methodology
		Data Collection
		Data Coding and Analysis
	Findings
		Types of Language
		Broad Language
		Specific Language of Miller Factors
		Neuroscience Language
		No Language
		LWOP and Language Types
		Other Statute Variation
	Discussion
		Recognising Neuroscientific Differences
		Sentencing Discretion in Application
		Neuroscientific Consideration for Emerging Adults
		Limitations and Future Directions
	Conclusion
Bibliography
Index