Under construction: Brain formation, culpability, and the criminal justice system

Abstract

Should adolescents be held as culpable for their behavior as adults? Adolescence is a tumultuous time, full of change and transformation. This paper examines the development of brain functions and cognitive capabilities of teenagers. It explores the effect of alcohol use on brain development and the fundamental cognitive differences between adolescents and adults. This knowledge, coupled with the assessment of developmental perspective, suggests that the adultification of youth (or waiver to adult court) is unduly harsh for youth whose brains have not fully formed.