Guiding Questions

• Are children morally and legally responsible for their actions?

• Should the justice system treat young people differently from adults?

• Can punishment ever be just if the person didn’t fully understand the consequences?

When the Law Meets Immaturity

Children and teenagers sometimes commit serious offenses — but does that mean they should be punished like adults?

Most legal systems separate minors from adults. But where that line is drawn varies widely:

• In some countries, children as young as 7 can be held criminally responsible

• In others, the age is 16 or 18

• In the U.S., minors are sometimes tried as adults — especially in high-profile or violent cases

This raises a deeper question:

Can a child truly form criminal intent — what the law calls “mens rea”?

What Brain Science Tells Us

Modern neuroscience has transformed how we think about responsibility:

• The human brain — especially the parts for judgment, impulse control, and foresight — continues developing until around age 25

• Young people are more impulsive, emotional, and easily influenced by peers

• They also tend to be more open to change, growth, and rehabilitation

In other words:

Youth may be less blameworthy — but more reformable.

What Philosophers Say

Jean-Jacques Rousseau

Believed children are born innocent and corrupted by society. Punishment should aim to educate and protect, not destroy.

Immanuel Kant

Argued that moral responsibility requires rational autonomy — something that children may not fully possess.

John Stuart Mill (Utilitarianism)

Justice should promote good outcomes. Harsh punishment for youth may cause long-term harm — especially when they could still change.

Two Approaches to Youth and Justice

Equal Punishment View

A crime is a crime. Everyone must be held accountable, regardless of age.

Developmental Justice View

Children are still developing morally and psychologically. Justice must reflect those differences — with more focus on guidance and rehabilitation.

A Thought Experiment

Imagine two people commit the same crime:

• One is a 35-year-old

• The other is 13

Should they receive the same sentence?

If not, is that unequal — or more just?

Now imagine a child who grew up in violence, without love or guidance.

They commit a serious offense.

Are we seeking justice by punishing them like an adult — or just repeating the harm?

Youth Justice in Practice

In more rehabilitative systems, juvenile courts:

• Focus on counseling, education, and second chances

• Protect young people’s records to support future opportunities

• Aim to reintegrate rather than isolate

But in many systems, especially in the U.S.:

• Minors can receive life sentences

• Some are incarcerated with adults

• Poor and marginalized youth are more likely to face harsh penalties

This leads us to ask:

Are we punishing children — or failing them twice?

Reflect and Discuss

• Should there be a minimum age for criminal responsibility?

• What is the right balance between accountability and compassion for young offenders?

• How can we protect society while also giving young people a chance to grow and change?

Suggested Readings

• Laurence Steinberg – Age of Opportunity

• Elizabeth Scott & Laurence Steinberg – Rethinking Juvenile Justice

• United Nations Convention on the Rights of the Child

• Bryan Stevenson – Just Mercy (on juvenile life sentences)

Suggested Readings

• Laurence Steinberg – Age of Opportunity

• Elizabeth S. Scott & Laurence Steinberg – Rethinking Juvenile Justice

• U.N. Convention on the Rights of the Child

• Bryan Stevenson – Just Mercy (Juvenile Life Without Parole)

Next Lesson Preview

Lesson 6: Gender and Justice

How does gender identity and social role affect legal outcomes — and what does justice look like beyond the binary?

“Justice for youth must be wise enough to correct, not merely condemn.”

— Adapted from Justice Thurgood Marshall