Adolescence and Brain Development

1. Adolescence and Brain Development Lori Hoisington, Ph.D. Michelle Weemhoff, MSW

2. Crime and culpability At age 17, Christopher Simmons and his friend, robbed a woman, tied her up, and threw her over a bridge.

3. Crime and Culpability Simmons was convicted of murder and sentenced to death by a Missouri court in 1994. The Supreme Court initially supported the ruling, but later (2005) ruled that capital punishment of juvenile offenders violated the Eighth Amendment The ruling was based upon sociologic and scientific research showing juveniles were less mature compared to adults At 17 years of age, the brain is not yet fully developed.

4. Adolescence Early adolescence is a tumultuous life stage where adolescent risk taking and impulsivity appear to dominate youth reality In reaction, society has adopted a general perspective that youth are distinctively different from adults and children.

5. How are adolescents different? Adolescents undergo periods of confusion and inner conflict as they seek to form their identity They respond more dramatically to hormones (for this purpose of this session, this will not be further discussed) They tend to process information with the amygdala rather than the prefrontal cortex

6. Adolescents and Emotions Adolescents recover more slowly from depression One in twelve adolescents considers suicide

7. Adolescents and delayed brain development Adolescents react more with their amygdala The prefrontal cortex (rational decision making) is the last area of the brain to mature

8. The Adolescent Brain The prefrontal cortex, also known as the �executive brain�, does not fully develop until adulthood. Until then, other parts of the brain control responses that often lead to undesirable consequences. Introduce traumatic brain and concussionIntroduce traumatic brain and concussion

9. Prefrontal cortex Area of the brain that does not completely mature until the individual is in his/her early to mid-twenties. This area is responsible for moral reasoning, judgment, and decision making

10. What do we know about brain development? Before the �90s scientists learned about the brain through animal research, post-mortem studies or observations of people with aberrant behavior With the introduction of functional Magnetic Resonance Imaging (fMRI) and PET (Positron Emission Tomography), scientist were able record activity in the brain that occurred in response to select stimulus

11. What is MRI? Magnet Person Signal from hydrogen Receiver Computer transformation Image

12. What we�ve learned Early experiences impact the development of the brain and influence the way its circuits become "wired.� Neural pathways that are not regularly used during adolescence are eliminated through a natural �pruning� process

13. Science shows that adolescents are not fully capable of impulse control, decision-making, and reasoning. Ironically, the region of the brain that controls these functions is the area �judged� within the legal system

14. A word about nerve cells

15. Bronfebrenner�s BioEcological Model

16. fMRI

17. Connecting Research to Policy Roper v. Simmons (2005), Abolished the death penalty for offenses committed prior to age 18 Graham v. Florida (2010), Unconstitutional to sentence a person under age 18�to life without parole�in non-homicide cases.

18. Adolescent Reasoning and Understanding in Court 33% of 11-13 year olds and 20% of 14-15 year olds were significantly impaired in their reasoning and understanding of the judicial process. Tend to comply with authority, even if that means false confessions Roper decision: �[a] lack of maturity and an underdeveloped sense of responsibility are found in youth more often than in adults and are more understandable among the young. These qualities often result in impetuous and ill-considered actions and decisions.� The susceptibility of juveniles to immature and irresponsible behavior means �their irresponsible conduct is not as morally reprehensible as that of an adult.� The second area of difference is that juveniles are more vulnerable or susceptible to negative influences and outside pressures, including peer pressure. �The character of a juvenile is not as well formed as that of an adult. The personality traits of juveniles are more transitory, less fixed.� Roper decision: �[a] lack of maturity and an underdeveloped sense of responsibility are found in youth more often than in adults and are more understandable among the young. These qualities often result in impetuous and ill-considered actions and decisions.� The susceptibility of juveniles to immature and irresponsible behavior means �their irresponsible conduct is not as morally reprehensible as that of an adult.� The second area of difference is that juveniles are more vulnerable or susceptible to negative influences and outside pressures, including peer pressure. �The character of a juvenile is not as well formed as that of an adult. The personality traits of juveniles are more transitory, less fixed.�

19. Juvenile Competency (SB 246, 247) Juveniles have a due process right not to be subjected to the adjudicative phase of juvenile proceedings while incompetent, In re Carey, 241 Mich App 222 (2000) Establish definition Establish age of presumed incompetence Determine who is qualified to conduct evaluations Determine developmentally appropriate restoration process Juvenile competency was not brought into question until the 1990s, as policies broadened the scope of prosecuting youth as adults. In re Gault (1967) affirmed that children in the juvenile justice system are entitled to many of the same due process rights as adults. Due process is the right to certain safeguards designed to ensure that the proceeding is fair and impartial. Juvenile competency was not brought into question until the 1990s, as policies broadened the scope of prosecuting youth as adults. In re Gault (1967) affirmed that children in the juvenile justice system are entitled to many of the same due process rights as adults. Due process is the right to certain safeguards designed to ensure that the proceeding is fair and impartial.

20. In Re Carey (2000) �It is possible that a juvenile, merely because of youthfulness, would be unable to understand the proceedings with the same degree of comprehension as an adult would�� �Accordingly, we further hold that, in juvenile competency hearings, competency evaluations should be made in light of juvenile, rather than adult norms.�

21. Juvenile Defense Every U.S. citizen, including youth, has the right to an attorney if accused of a crime, even if he/she cannot afford one. (In re Gault) Michigan has no standards or oversight: Few attorneys specialize in juvenile defense Lack training in adolescent development No funding for experts or investigators Lack of consistent representation

22. Prosecuting Kids as Adults In 1988, the legislature created an automatic waiver to allow prosecutors to bypass the juvenile system and directly charge 15- and 16-yr olds as adults for certain crimes. In 1996, the legislature further expanded �get tough� laws � the automatic transfer provision was expanded to include 14-yr olds. All youth facing charges as adults are required to receive same sentences.

23. Juvenile Life Without Parole Over 340 individuals in MI were sentenced to life prior to their 18th birthdays Over 40% are serving for felony murder � age and circumstance of offense not considered Legislative goals: Ban mandatory life sentences for youth Reduce existing sentences to 25 years, restore parole eligibility to those who have served 15 years Ban use of prison for anyone under 18 Juvenile Life without Parole Reform � HB�s 4402, 4403, 4404, 4405 Passed House last session; Senate did not take a vote From 1988-1996 the number of juvenile life sentences doubled after the legislature created an automatic waiver that allowed prosecutors to bypass the juvenile court system and removed a judge�s discretion to decide whether or not a child should be tried in an adult court with the same culpability and punishment as an adult. In 1996, the Michigan legislature enacted legislation to increase the availability of automatic waivers to include fourteen-year-olds charged with a broad range of serious offenses and require that all juveniles be tried and sentenced in circuit court as adults. The 1996 change also created a mechanism for trying juveniles of any age in juvenile court with adult-like proceedings. Michigan now has one of the highest rates in the country of imposing �juvenile life without parole� sentences relative to the youth population. The automatic, mandatory and permanent sentencing laws leave no room to reasonably assess the juvenile�s growth or maturity or to individually assess the need for continued incarceration. � The Senate and House bills call for: A ban on mandatory life sentences for juveniles convicted of homicide offenses; Eliminate automatic and judicial waivers to circuit courts; Limit disposition options to juveniles or blended sentences, such that no juvenile may be sent to prison before their 18th birthday (they would have to be placed in a juvenile facility); Reduce existing LWOP sentence to 25 years; and Restore parole eligibility to those who have served at least 15 years. Over 340 individuals in Michigan are serving a life sentence without possibility of parole for an offense prior to 18th birthday Almost half are serving for offenses committed when they were 16 or younger. All were involved in a homicide case; nearly half were convicted of �felony murder.� Nearly half of those reported that they were not the �principal� had an adult co-defendant. � �Juvenile Life without Parole Reform � HB�s 4402, 4403, 4404, 4405 Passed House last session; Senate did not take a vote From 1988-1996 the number of juvenile life sentences doubled after the legislature created an automatic waiver that allowed prosecutors to bypass the juvenile court system and removed a judge�s discretion to decide whether or not a child should be tried in an adult court with the same culpability and punishment as an adult. In 1996, the Michigan legislature enacted legislation to increase the availability of automatic waivers to include fourteen-year-olds charged with a broad range of serious offenses and require that all juveniles be tried and sentenced in circuit court as adults. The 1996 change also created a mechanism for trying juveniles of any age in juvenile court with adult-like proceedings. Michigan now has one of the highest rates in the country of imposing �juvenile life without parole� sentences relative to the youth population.

24. Inappropriate Treatment = Dangerous Consequences 50-80% of youth released from juvenile correctional facilities are rearrested within two to three years, even those who were not serious offenders prior to commitment. Prisons/facilities have high rates of documented abuse and maltreatment against youth. Youth tried in adult courts and punished in adult corrections are more likely to commit subsequent crimes � and more violent crime � than their counterparts in the juvenile justice system.

25. Developmentally-Appropriate Practices Individualized, community-based, family-center, strength-based, culturally competent, gender-specific Best programs worked intensively with parents and other family members in addition to the child � and cost far less than incarceration. Missouri Model of residential treatment

26. Lori Hoisington, Ph.D. hoising1@hdfs.msu.edu HDFS, Michigan State University Michelle Weemhoff 517-482-4161 mweemhoff@miccd.org Michigan Council on Crime and Delinquency www.miccd.org