Young Minds, Old Legal Problems
| Date | 01 August 2018 |
| Author | Hannah Wishart |
| DOI | 10.1177/0022018318779830 |
| Published date | 01 August 2018 |
| Subject Matter | Articles |
Article
Young Minds, Old Legal
Problems: Can Neuroscience
Fill the Void? Young
Offenders & The Age of
Criminal Responsibility
Bill—Promise and Perils
Hannah Wishart
University of Manchester, UK
Abstract
From 10 years of age, the criminal law requires a person demonstrate a reasonable degree of
normative competence. But what if a young person aged between 10 and 14 years does not
possess such mental capacities, cannot do anything about it and is not capable of holding
responsibility? Should the criminal law make allowances for him in these circumstances? I will
argue that it should, because neuroscientific studies reveal young adolescents to be incapable of
exercising normative competence. For evidence suggests that they are only capable of per-
forming basic mental functions, for instance, self-directed reasoning and appreciating short-
term consequences of their actions. In agreement is Lord Dholakia, the principal drafter of the
Age of Criminal Responsibility Bill (2017–2019) since the law’s idea of what a 10-year-old is
mentally capable of is at odds with the degree of maturational development obtained. As a
consequence, Lord Dholakia proposes that there be an increase in the minimum age of criminal
responsibility from 10 to 12 years. Though the underlying premise to increase the threshold
age is sound, numerous objections will be made, for it will be defended this proposition rests
on insufficient neuroscientific evidence.
Keywords
Youth offenders, criminal responsibility, bill, neuroscience
Corresponding author:
Hannah Wishart, University of Manchester, Manchester M13 9PL, UK.
E-mail: hannah.wishart@manchester.ac.uk
The Journal of Criminal Law
2018, Vol. 82(4) 311–320
ªThe Author(s) 2018
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DOI: 10.1177/0022018318779830
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