Criminal Responsibility within Children
Misty M. Lane
PYSCH 210-B16
Liberty University

Abstract
According to Berger (2011), early childhood is defined as the ages two through six. During this time the child does what he/she knows best and learns through the act of playing. However, what happens when a child accidentally commits a crime can cause controversy. The purpose of this case study is to determine at what age is a child held criminally responsible. The law states that children under the age of seven are not considered criminally responsible for committing a criminal act. Within this case study, we will explore and support why developmental factors within this age group support the legal system.

Criminal Responsibility within Children In Michigan, a child at the age of six stole a weapon from his home and accidentally murdered a fellow student that he had argued in the past. When the child was questioned about the crime, he stated it was an accident and he was only trying to scare her. What role does development play in the decision making process at this age? According to Berger (2011), a child at the age of six lacks the brain maturation and development that would allow to purposefully commit a criminal act. The pre-frontal cortex is responsible for the brain’s decisions. This includes proper planning, selecting, and coordinating. Maturation of the prefrontal cortex plays a major part in the development of children. Older children can think before they act, while children between the ages of two through six may act more on impulsiveness and what they think they are supposed to do. For example, the game, Simon Says, illustrates a child acting solely on impulsivity. The decision making process has not fully developed within a child of this age group. A critical key area of the brain, the pre-frontal cortex, which enables a child to control their actions and emotions, are still maturing during the crucial years of two to six (Berger, 2011, pgs. 212-217). In society, child abduction cases are common. More often than not, a child is abducted by being lured into a vehicle because they were offered candy. Children have boundless curiosity and do not yet have the ability to assess a dangerous, possibly deadly, situation. They act on what they see and the here and now. Even more unfortunate, when they do make a wrong or dangerous decision, they are more likely to hide from that situation than to ask for help (Berger, 2011, pgs. 224-225). Cognition is defined as a conscious intellectual act (M-W.com). Jean Piaget is justly famous for the descriptions of cognition, especially when in relation to young children. Piaget defined the ages of two through six as the pre-operational intelligence stage. This is a time for the child to explore thinking and imagination. The term pre-operational refers to the child not yet logically making a decision (Berger, 2011, p. 237). In this particular case, the six-year-old child had an argument with the girl he was intending to scare with the weapon. Evidently, the subject’s emotions and anger are alarming. However, a child within this critical age group is still emotionally developing. Children will, over time, learn how and when to express their emotions. This is also known as emotional regulation. Emotional regulation becomes possible as the development of the pre-frontal cortex furthers. As emotional regulation matures, children learn how to properly be angry, but not explode in their anger (Berger, 2011, p.265). In conclusion, an innocent life was lost in this particular case. Emotional development occurs within the ages of two through six. However, this six-year-old boy is still at a critical age of development that would allow him to understand the extent of what he has done (Berger, 2011, p.265) In my opinion, the guardians of this young child should be held to some account as the subject had access to a weapon. In most cases, there are signs of abuse and neglect prior to an incident such as this. We can hope that the legal system will find something wrong within the caretakers of this child to find fault in, but even with that being said, the subject of this study was unable to properly assess the anger with the girl and make a more logical decision as to how to handle it properly.

Reference
Berger, K. S. (2011). The developing person through the life span (8th ed.). New York, NY: Worth Publishing.
Cognition. In Merriam-Webster's online dictionary (11th ed.). Retrieved from http://www.merriam-webster.com/dictionary/cognition.