NEUROSCISOCPOL · Applying neuroscience to social policy and the law: neuromaturation and young adult offending

Periodic Report Summary 1 - NEUROSCISOCPOL (Applying neuroscience to social policy and the law: neuromaturation and young adult offending)

Dr Nathan Hughes is currently funded by a European Commission Marie Curie Research Fellowship (NeurosocSciPol; grant number 331494). This enabled two years based at the Centre for Adolescent Health at the Murdoch Childrens Institute, Melbourne, with a further year’s funding based at the School of Social Policy at the University of Birmingham. Back to 'projects' This programme of research examines the application of biological and neurosciences to law and social policy. Recent advances in these sciences pose considerable challenges to pre-existing evidence and established wisdoms, and therefore the framework upon which law and social policy is based. In particular, emerging understandings of neuromaturation offer new explanations regarding patterns of criminality and criminalisation among young adults and those with neurodevelopmental disorders, with clear implications for practice within the criminal justice system. The research therefore has the following objectives: - to consider the explanations apparent in emerging understandings of neuromaturation of patterns of offending amongst young adults and those with neurodevelopmental impairments - to explore the implications of these emerging understandings for policy and practice within the criminal justice system. - to facilitate multidisciplinary debate regarding the challenges and possibilities in the application of neuroscience to social policy and the law. Neuromaturation, criminality and criminalisation A review carried out by Dr Hughes and colleagues demonstrates how studies in various countries repeatedly evidence a high incidence of neurodevelopmental disorders among offending populations, particularly those in custodial institutions (Hughes et al, 2012). A systematic review, carried out as part of this fellowship, demonstrates that this is also the case for those who experience childhood traumatic brain injury (Hughes et al, 2015), while ongoing work is seeking to examine similar patterns among young people with fetal alcohol syndrome disorders. It is increasingly apparent that neurodevelopmental impairments are both a direct and indirect influence upon a young person's offending behaviour. For example, research carried out as part of this programme demonstrates the factors contributing to an increased likelihood of significant externalizing behaviour 21 years after a childhood brain injury, by utilizing a longitudinal dataset drawn from childhood who attended the Royal Children’s Hospital, Melbourne (Ryan et al, 2015). Such research demonstrates that executive function deficits contribute to difficulties including sustaining attention and concentration, planning and forming goals, abstract reasoning and inhibiting impulsive behaviours. In addition, neurodisability is associated with secondary risk factors such as poor educational attendance and attainment. Given these clear connections between impairment and criminality, Dr Hughes has developed a biosocial criminological model that takes account of developmental psychopathology, so as to understand ‘the particular combination of biological processes apparent in the progression of specific disorders and their influence on specific components of social functioning’ (Hughes, 2015). Based on his research, Dr Hughes has also argued for reform to youth justice processes. Despite the recognition of its importance, assessment and screening of particular neurodevelopmental disorders and associated needs remains insufficient. Where conditions are identified, there is often a lack of responsive, specialist intervention within the criminal justice system. Biological and neurosciences therefore have the potential to inform practices better able to meet the needs of this vulnerable population. In a report published by the Howard League for Penal Reform, Dr Hughes therefore argued for a system based on therapeutic and problem-solving models of justice (Hughes, 2015). He has also spoken regularly at practitioner conferences, in Australia, New Zealand and the UK, in support of practice reform. It is also clear from this body of work that many legal processes criminalise, rather than support, those with impairment, and that a range of social experiences can make young people with impairments further vulnerable to criminality. Dr Hughes has therefore also argued for reform to education and family support, including in a report soon to be published by the Centre for Crime and Justice Studies as part of their ongoing campaign for criminal justice reform, explaining why ‘Justice Matters for Young people with Neurodevelopmental Impairment’ (Hughes, forthcoming). Neuromaturation and young adult offending Recent examination of physiological brain development suggests that processes of neuromaturation continue into early adulthood such that the human brain is not fully 'mature' until the early to mid-twenties, as summarized in a review of evidence by researchers at the University of Birmingham (Prior et al, 2011). This suggests that young adulthood is a distinct neurodevelopmental phase, with many young adults akin to adolescents in regards to key cognitive and executive functions. This research offers a number of implications and dilemmas for the operation of the criminal justice system. Understanding neuromaturation as a continuing process throughout adolescence and early adulthood suggests that the age of 18 is an arbitrary cut-off point for immediately treating young adults with the full force of the criminal justice system. Instead, recognition of the specific processes of development occurring for this age group, suggests the need for an approach to intervening with young adults who offend that is more akin to the approaches utilized in working with young people. Consideration must also be given to how improved understandings of processes of neuromaturation might lead to more effective means to support desistence and rehabilitation, as examined in a guide for probation practitioners developed by researchers at the University of Birmingham (T2A, 2012). There has been much political interest in this issue in various countries, including in the UK where the Justice Select Committee is currently undertaking an inquiry into criminal justice responses to young adults. Dr Hughes has provided written evidence to the inquiry and was called as a witness. Both the written and oral evidence is available on the inquiry website: http://www.parliament.uk/business/committees/committees-a-z/commons-select/justice-committee/inquiries/parliament-2015/young-adult-offenders/. The latter reflects the need to engage policymakers and practitioners in critically reflecting on the application of this evidence to the criminal justice system. This concern is reflected in a forthcoming report to be published by the Melbourne School of Government, examining ‘The Burgeoning Influence of Developmental Neuroscience on Policy-Making: Contrasted Tales of Pitfalls and Potentials’ (Hughes, forthcoming). To keep up to date with this programme of work, please visit Dr Hughes’ webpage at https://bham.academia.edu/NathanHughes/ and the programme website at http://www.birmingham.ac.uk/schools/social-policy/departments/social-policy-social-work/research/projects/2013/applying-neuroscience-to-social-policy-and-the-law.aspx

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