Developmental factors in forensic assessments of children over the minimum age of criminal responsibility: A study of forensic reports in Norway 2013–2024

Despite the international recognition of children's evolving capacities and the importance of incorporating these factors into forensic assessments, there is limited research on forensic practices specific to children above the minimum age of criminal responsibility (MACR). The current study is part of a larger project examining legal and forensic assessments related to children's criminal unaccountability (criminal insanity) in Norway. The aim of the current study was to examine how forensic assessments of children above the MACR are conducted in Norway, and to what extent developmental factors are considered in these assessments. Drawing on existing literature, we first propose a set of principles for developmentally informed forensic assessments of children. The principles address direct expert-child interaction; structured assessment procedures; collateral/contextual information; cultural responsiveness; and the qualifications of forensic experts. We then evaluated 122 forensic assessments of children aged 15 to 18 years according to the proposed principles. Our findings revealed significant gaps, including minimal direct engagement with the child, low usage of structured assessment tools, limited collateral information from caregivers and schools, lack of cultural considerations and a concerning lack of child-specific expertise among forensic experts. These shortcomings underscore the need for more rigorous and developmentally sensitive practices. Recommendations include enhanced training, incorporating developmental principles into curricula, and establishing standardized protocols integrating structured assessment tools and comprehensive contextual information. While conducted in a Norwegian context, our study calls for further research in other jurisdictions to develop international guidelines that accommodate the unique developmental needs of children in forensic settings.