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Legal Osmosis: The Role Of Brain Science In Protecting Adolescents, Cheryl B. Preston, Brandon T. Crowther

Hofstra Law Review

In the last decade, the Supreme Court relied on scientific findings presented in amicus curiae briefs filed by various medical and psychological organizations and health professionals in three juvenile justice cases, Roper v. Simmons, Graham v. Florida, and Miller v. Alabama. Theresearch showed that the structure and function of adolescent brains are distinct from those of adults, which supports the position that adolescents, as a class, are generally immature in three separate, but related, ways. First, adolescents are more likely to engage in risky behavior than adults; second, adolescents are less able to control their impulses than adults; and finally, …