Cookie
Website Terms of Use
Young adults and the Supreme Court
By Lawyer Paola Furini
9 July 2019
Art and literature have always described young adults as individuals who, although incomplete, are unaware of it.
In recent times Bernard Cornwell in the novel “The Knight and His King”, presents the topic through the protagonist who, reflecting, says
“these days, when I look at people in their twenties, I think they are dramatically young; but I, at their age, considered myself a fully-fledged adult.”
Since the new millennium, scientific studies or, more precisely, neuroscience have shown that measured behaviors are not compatible with either adolescence or the emerging adulthood, and this is due to psychic immaturity and the incomplete human and intellectual development.
It is known to legal professionals that in recent years the discoveries of neuroscience have been used by jurisprudence, which sometimes, in the reasoning of its decisions, has referred precisely to the discoveries of this fascinating branch of science.
Recently, after having acquired the above-mentioned notions, the judges of the Supreme Court decided to change the established orientation according to which an eighteen-year-old, being of age, could be subject to the same penalties as an adult.
The landmark ruling is no. 11607/2018 of the Court of Cassation, first section.
The magistrates pointed out that being of age is not enough to have reached full maturity. And, adopting the results of neuroscience research, they stated that “very young age is neither a formal nor a neutral fact” and that “cognitive faculties are not perfected upon reaching the age of majority but are still developing and maturing, together with social and emotional skills.”
To put it simply, the Court of Cassation has established that it is not correct to apply the same penalty to a young adult, just because they are of age, as to an adult, because someone who has just turned eighteen has not yet reached, as neuroscience has shown, the awareness and consciousness of a mature man.
It remains to be seen when, after having convinced the judges, neuroscience will also convince the legislator.
Milan, Corso Europa, 10 - 20122 - Italy
Phone: 0039 02 877820 Mail: info@wlex.it
Cookie
Terms of use of the site