Does science know us better than we know ourselves? The utility of evidence-based policy for law reform on the competency and capacity of children

Abstract

In an era where science, evidence and facts reign supreme, we may believe ourselves to be free from the days of policy founded upon “ideological standpoints” or “speculative conjecture”. Yet, the process of creating and developing the law cannot be fixed. Rather, it is dependent on the way political and social pressures have shifted to give a certain approaches or viewpoints ephemeral precedence. Significant advancements in science and technology have allowed for unprecedented insights into children’s development. In the legal sphere, age limits demarcate society’s determination of when a child is sufficiently developed to be considered competent. New Zealand’s current law contains a jumble of age limits forcing a conclusion that the law reflects starkly differing perspectives of what competency means. Legions of research have been conducted into the area of children’s competency and capacity. However, these scientific investigations have yet to impress themselves upon policy-making in a meaningful way. Remove selected