The Adolescent Brain and Mens Rea

Delinquency adjudications and criminal convictions of minors who have been transferred to Superior Court for trial as adults both require that the elements of the offense charged are proved beyond a reasonable doubt, including that the required criminal state of mind, or mens rea, existed.  The adolescent mind has been the subject of substantial scientific research. This research grounded several United State Supreme Court decisions related to criminal punishment of minors and when Miranda warnings are necessary. However, the question of how the science of adolescent brain development does or does not connect to the mens rea requirements of various offenses is not well litigated. The North Carolina Court of Appeals dipped a toe in this area in its recent ruling in State v. Smith, __ N.C. App. __ (June 6, 2023). The Adolescent Brain and U.S. Supreme Court Jurisprudence It would likely take a few law review articles to sufficiently detail the U.S. Supreme Court jurisprudence on the difference between juveniles and adults. Here is a very abbreviated primer. Beginning in 2005 with its decision in Roper v. Simmons, 543 U.S. 551 (2005), the Supreme Court banned the death penalty for crimes committed by anyone under the age of 18. In its ruling, the Court held that there are fundamental differences between juveniles and adults. The Court discussed how certain characteristics of youth render them less culpable, which in turn diminishes the penological justifications for the death penalty. Those characteristics include A lack of maturity and an underdeveloped sense of [...]