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Developmental Factors That Prevent A Child Under Seven Years of Age Being Held
Responsible For Crimes
Rhonda S. Vanoverstraeten
Liberty University
In memory of Jasom CAMP!!!

2. Runninghead: LAWSREGARDING CHILDREN WHO COMMIT CRIMES
Developmental Factors That Prevent A Child Under Seven Years of Age Being Held
Responsible For Crimes
Within our legal system, children under the age of seven cannot be held responsible for a crime
due to their inability to form criminal intent. Regarding a case study involving a six year old that
shot a fellow classmate, there are many factors involved that support this decision when learning
the stages of biosocial, cognitive, and psychosocial development in children.
When authorities went to the home of the shooter during their investigation, it was evident
this child was a victim of child maltreatment. Located within the home, police found drugs as
well as several guns, one stolen and one loaded. Children who are neglected or victims of
maltreatment can become defensive and quick to respond in attacking someone. According to
Vygotsky, a leading developmentalist in early cognition, he makes reference to a child as an
“apprentice in thinking” (Berger, 2008, pg.234). This child’s guided participation as an
apprentice was that of his caregivers teaching and communicating language of drugs, guns, mood
swings and bouts of anger that coincide with drug use.
Another reason preventing a child under seven years of age being charged with a crime comes
from factors involving their psychosocial development. In this case, the emotions and lack of
impulse control that led to his aggressive behavior, is an indicator he could be a victim of
Psychopathology, which is an illness or disease involving the mind (Berger, 2008, pg. 258).
The shooter in this case showed signs of externalizing this problem as he lashed out and attacked
his classmate. Although he stated that he only meant to scare the other child, he still showed
aggressive behavior and lack of emotional regulation by his intent to intimidate and scare her

3. Runninghead: LAWSREGARDING CHILDREN WHO COMMIT CRIMES
with a weapon that represents harm and most likely death. He clearly showed signs of antipathy
and anti-social behavior.
A factor that should be looked at in this case is what was occurring during his prenatal
development. Neurological damage can occur during this developmental stage if the mother is
consuming alcohol or drugs as well as being under stress. There is probable cause to question
this after learning of the drugs found in the home and the child’s father and grandfather being in
prison. If the mother was consuming alcohol and as a result this child was born with Fetal
Alcohol Syndrome, there is a possibility he has disruption to the development of his corpus
callosum. Impairments in hand to eye coordination and fine motor skills are seen in disruptions
to this area of the brain and therefore should be considered after the child expressed it was an
accident, not meaning to pull the trigger.
Brain growth is the foundation for other developments that begin during the prenatal stages.
According to Berger (2008), the prefrontal cortex, which is located in the front part of the cortex
has been said to be the executive part of the brain because all other areas of the cortex are ruled
by prefrontal decisions (pg.212). Immaturity of the pre-frontal cortex can be cause for what
was seen in the child’s activity directly after the shooting. He was found hiding in a corner, and
after being placed in the office, he displayed a calm demeanor and was RLS Perhaps, this was
his way of expressing his feelings and imaginative world he created for himself after living in
such stressful conditions as he had. This case shows that nurture cultivates our nature and
environmental influences can have a devastating impact in the life of a child. A child who is not
raised in a nurturing home can debilitate them for the rest of their lives as well as prohibiting
them from obtaining their fullest potential as well as the purpose that God has in store for them.

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References
Berger, K. S. (2008). The developing person, through the lifespan (7th ed.). New York, NY:
Worth Publishers.
EXPERIENCE IS NO GREATER TEACHER