Juvenile Justice and Developments of Brain Science and Neuroscience

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  • 脳科学・神経科学の進歩と少年司法
  • ノウ カガク ・ シンケイ カガク ノ シンポ ト ショウネン シホウ

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Abstract

Present Juvenile Act aims to rehabilitate juvenile delinquents by protective measures, which impose educations. However, it could be observed that some amendments made on Juvenile Act over last almost 20 years since 2000 intend to enhance requirements on criminal responsibility to juvenile delinquents. It derives from difference views whether considering juveniles, who are subject to juvenile justice system, qualitatively different from adult as they have high plasticity, or to the contrary, considering juveniles fundamentally same as adult in light of a continuity of juvenile and adult. The former is descried as ［Children View］ and the latter is ［Small Adult Outlook］. Recent developments of a brain science and a neuroscience have determined that a scientific conclusion is affirmative to ［Children View］; a prefrontal cortex that controls impulsive actions is gradually maturing up to late 20.s. However, a limbic system that controls emotions is enhanced growth from a pubescent that starts around 10 years old. Accordingly, teenagers intend to conduct risky behavior due to the mismatch of speed of growth of them. In the meantime, it has found scientific discovery that they are able to adapt themselves to environments. Therefore, it shall not be an ideal that a policy to require criminal responsibilities to juvenile delinquents in order for a rehabilitation of juvenile and a public safety. In this article, finally, it is reviewed that how to construe and apply the Juvenile Act are appropriate with considering some systems of the Juvenile Act in light of ［Children View］

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