Studies have shown that the prefrontal cortex in children lacks areas and interconnections critical to planning, motivation, judgment and decision-making.

These are not just behavioral observations; they are backed up by neuroimaging studies. By way of one example, during childhood and early adolescence the brain undergoes a significant “pruning” of unused synapses, which leads to more efficient neural connections. During adolescence, this activity is seen more in the prefrontal cortex than other brain regions. This, in turn, is consistent with the understanding that adolescence is a time of not-yet-perfected executive functions.

The developmental research and behavioral studies are increasingly backed by the neuroscience: As children, our executive functions, such as risk assessment and judgment, are still undeveloped.

Of course, a reasonable response to this is: “Yes, but for every kid who commits a crime, there are millions who do not, who are able to conform their conduct to the law.” Very true.

But if we agree that at a certain age, children have no criminal intent, it follows that the maturation of the adult mind is not an overnight process.