Re: Juvenile Sentencing and Punishment
researching wrote:For those of you in the legal know, you will understand the principle of doli incapax - that no child under the age of 10 (or thereabouts, depending on which jurisdiction you are in) will be held criminally responsible - there is an irrebutable presumption. In the context of this information:
- should we abolish such a presumption or at least render it rebuttable?
- should children even be subject to an exceptional protection under law or be punished if they did something wrong, whatever their age as a minor?
I've practiced law for nearly twenty years and that's the first time I've ever heard the term
doli incapax, but then I've never done criminal law. I'm not sure if there's an irrebuttable presumption that a child under ten cannot form criminal intent -- I thought it was somewhere around seven or eight. At some point, however, it's a good idea just to assume that the wee ones didn't mean it -- otherwise the jails would look like nursery schools.