ABSTRACT
Advances in brain-imaging technology have revealed important details about the developmental stages of the human brain and how functioning is impacted during this process. The parts of the brain that are critical to judgment, foresight and decision-making are the last to mature. The research in brain development has wide-ranging implications for juvenile offenders, some of whom are as young as seven to twelve years of age. It raises questions about current concepts of culpability, accountability and punishment, especially with regard to imposing adult terms as part of a blended sentence, transferring or relinquishing jurisdiction to adult courts, and labelling minors as sexual offenders or predators. The willingness to find that children are competent increases the likelihood that these children will remain in the justice system and thus be subject to state control and governmental involvement in their lives. Claiming that children lack the ability to articulate their legal interests also promotes further state intervention.
