Toward children’s cognitive development from the perspective of neurolaw: implications of Roper v Simmons

Abstract

After reaching the age of criminal responsibility, children are deemed capable of having committed criminal offenses. In this regard, the level of criminal responsibility depends on cognitive development and the type of offense committed. Cognitive development is a process of the growth of perception, thinking and reasoning in children. This concept is frequently referred to in cognitive neuroscience literature. Recently, the U.S. Supreme Court’s decision in Roper v Simmons has substantially changed attitudes toward juvenile delinquency, considering the fact that cognitive development continues until early adulthood. The present study attempts to scrutinize this case and explain cognitive development by its factors from an interdisciplinary perspective, combining methods and theories from neuroscience and criminal law.