Biological Arguments For Brain Development

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The purpose of this paper is to apply the concepts and theories used in developmental psychology to explain why our legal system is justified in ruling that young children are not responsible for criminal actions. Comprehending how the brain develops and promotes maturation of cognitive abilities and emotions is critical for understanding the reasoning behind the ways of our legal system. Biological arguments supported by research on brain development will first be used to defend the incompetence of children regarding criminal actions. Next, cognitive arguments, as present by Piaget, will be discussed in relation to the restrictions of cognition displayed by young children. Finally, incomplete emotional development arguments will be identified.
Biological Arguments Although the brain develops rapidly from birth to two years of age, brain maturation takes much longer. The prefrontal cortex, or the frontal lobe, is the portion of the brain that is responsible for a person’s ability to plan out actions, anticipate consequences, and manage impulse control. Despite the fact that the prefrontal cortex is present at birth, it continues to develop for many years into a child’s adolescence. The lack of physical brain development prevents young children from being able to make reasonable decisions and impedes them from having the ability to fully
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First is the incapacity of the child to personally stop a reaction to behaviors or thoughts. Second is the inability for young children to stop an action on command. This concept stems from the idea of perseveration, which is the tendency of young children to stay focused on a single thought for an extended period of time. It takes many years for children to develop a reasonable amount of brain capability to fully develop impulse control. A young child cannot be held responsible for something their brain is physically not capable of doing (Berger,

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