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Essay / Criminal Justice: Youth And Justice - 2009
Catherine Elliott (2011) argues that the abolition of doli incapax and the age of criminal responsibility in England being ten years and above ignores the fact that Young people outside of these parameters still have a diminished mental capacity and do not have the freedom to choose their behavior (p. 289). The argument here is that childhood and development do not end at age ten and the justice system must recognize this. Furthermore, an eleven-year-old should not face the same weight of the justice system as a fully developed adult. The UK government justified "the abolition of the doli incapax defense by arguing that [it] would send a clear signal that, in general, children aged ten and over should be held responsible for their own actions" (Elliott, 2011, p. 292). ). Holding young people accountable means getting them to take responsibility for their behaviors (Minaker and Hogeveen, 2009, p. 102). The question that then arises is: how can we empower young people while recognizing the decline in their abilities and development? Regarding a biological explanation, Elliott (2011) asserts that factors, such as the frontal lobes of the brain, play an important role in the development of self-control and impulsivity (p. 294). A young person's brain is still developing and this has an impact on their behavior. “Much evidence supports the conclusion that children and adolescents are less competent decision-makers than adults.