House Bill 1689
REQUIRING COURTS TO CONSIDER BRAIN DEVELOPMENT WHEN SENTENCING YOUNG PEOPLE
House Bill 1689 Bill Information
Description: HB 1689 would provide for the general requirements of culpability, including considerations for the mental capacity and maturity, as well as the impact of ongoing brain development, for individuals under 25 years of age when determining if they acted intentionally, knowingly, recklessly, or negligently with respect to a material element of an offense. Additionally, the bill would require courts to consider these same factors when sentencing individuals under 25 who committed an offense.
PA Justice Alliance Member Positions & Feedback
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The goal of the criminal legal system should be to help people become better neighbors and thereby lessen occurrences of harm. Instructing judges to consider adolescent brain development will lead to more appropriately constructed consequences for people whose brains are still developing and who have a greater capacity to change and rehabilitate themselves.
While every case must be considered in its own right, it's also important that we ask our judiciary to consider the scientific facts that surround a case so that they can come to a more precise understanding of the situation and tailor consequences appropriately that lead to better outcomes.
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By requiring courts to consider adolescent brain development when sentencing individuals under the age of 25, HB 1689 acknowledges the unique characteristics and vulnerabilities of young people. This approach ensures that sentencing decisions are informed by a comprehensive understanding of the factors that may have contributed to involvement in criminal activity, rather than simply focusing on punitive measures.
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HB 1689 proposes that our law explicitly consider the differences in a young person’s brain. Our law already requires a certain blameworthy mental state (mens rea) for a person to have committed a crime. By requiring the consideration of a person’s youthful mental state, HB 1689 represents a positive step towards achieving society’s goal of proportionality when judging good, bad, or benign intentions.
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