Evaluation of Criminal Responsibility in Terms of Discipline and Criminal Law in the Neurobiological and Genetic Causes of Violence Behaviors in Children and Adolescents

Abstract

Many factors can be effective in the violent behavior of children and adolescents. The aim of this study is to contribute to the evaluation and prevention of criminal behavior by examining the neurological, biological, hormonal and genetic dimensions of violent and aggressive behaviors seen in children and adolescents. Another aim is to examine studies that support the evaluation of criminal responsibility in children's criminal behavior from a neuro-legal perspective. Another aim of the study is to draw attention to the differences between disciplinary and criminal law in the assessment of children's criminal responsibility. Adolescence is generally a challenging period of life. During this period, many processes such as conscious thinking, decision- making, foreseeing the consequences of actions, impulse control, planning, problem solving, continuity, consistency, behavioral control, and risk assessment are possible with the full maturation of the frontal lobe and prefrontal cortex. Delays in the development of the frontal lobe and lesions in the prefrontal cortex can lead to negative emotional reactions and violent behavior. Violent antisocial behavior and high levels of impulsivity are often associated with the prefrontal lobe region of the brain. Studies have shown that antisocial and criminal individuals have structural and functional abnormalities in the prefrontal cortex, temporal cortex, insula, amygdala and hippocampus. For these reasons, evaluations and regulations regarding criminal responsibility in adolescents' criminal behavior need to be reconsidered. Taking into account the latest developments regarding brain structure and genetics will contribute to the assessment of criminal responsibility of children and adolescents who commit crimes and to the healthy functioning of the juvenile justice system.