A Developmental Perspective on Children Who Commit Serious Violent Offences

Abstract

In recent decades, there has been increased attention to scientific evidence on the development of children and adolescents, and the implications this should have for the criminal justice system. This chapter explores a developmental approach to children who have committed serious violent offences. It does so by looking at the influence of scientific insights at the national level exemplified by the case law of the US Supreme Court that challenged punitive sentencing practices for children convicted of serious offences, and by discussing the developmental approach at the international level, in instruments of international children's rights law. The chapter determines that the rights of children with neurodisabilities is an important outstanding issue for the further evolution of the developmental approach within the framework of international law. Finally, a conclusion is drawn with respect to the growing recognition of a developmental approach and the contribution thereof to criminal justice responses to serious offences committed by children.