The defense of infancy is a form of defense In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense in an attempt to avoid criminal or civil liability. Besides contesting the accuracy of any allegation made against him or her in a criminal or civil proceeding, a defendant may also make allegations against the prosecutor or plaintiff or raise a known as an excuse In jurisprudence, an excuse or justification is a defense to criminal charges that is distinct from an exculpation. In this context, "to excuse" means to grant or obtain an exemption for a group of persons sharing a common characteristic from a potential liability. "To justify" as in justifiable homicide means to " so that defendants A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. (Note that American lawyers and judges often pronounce the word slightly differently than is common in standard American falling within the definition of an "infant" are excluded from criminal Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction. Individual human societies may each define crime and crimes differently. While every crime violates the law, not every violation of the law counts as a crime; for example: breaches of contract and of other civil law may rank as " liability for their actions Action theory is an area in philosophy concerned with theories about the processes causing intentional human bodily movements of more or less complex kind. This area of thought has attracted the strong interest of philosophers ever since Aristotle's Nicomachean Ethics (Third Book). With the advent of psychology and later neuroscience, many, if at the relevant time, they had not reached an age of criminal responsibility. After reaching the initial age, there may be levels of responsibility dictated by age and the type of offense allegedly committed.

The age of criminal responsibility

Governments A government is the organization, or agency through which a political unit exercises its authority, controls and administers public policy, and directs and controls the actions of its members or subjects enact laws to label certain types of activity as wrongful or illegal. Behavior of a more antisocial nature can be stigmatized in a more positive way to show society's disapproval through the use of the word criminal. In this context, laws tend to use the phrase, "age of criminal responsibility" in two different ways:

1. As a definition of the process for dealing with an alleged offender, the range of ages specifies the exemption of a child Biologically, a child is generally a human between the stages of birth and puberty. The legal definition of "child" generally refers to a minor, otherwise known as a person younger than the age of majority. "Child" may also describe a relationship with a parent or authority figure, or signify group membership in a clan, tribe, from the adult An adult is a human being or living organism that is of relatively mature age, typically associated with sexual maturity and the attainment of reproductive age. In human context, the term has other subordinate meanings associated to social and legal concepts, for example a legal adult is a legal concept for a person who has attained the age of system of prosecution The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual suspected of breaking the law and punishment Punishment is the practice of imposing something negative or unpleasant on a person or animal or property, usually in response to disobedience, defiance, or behavior deemed morally wrong by individual, governmental, or religious principles. Most states A jurisdiction is an area with a set of laws under the control of a system of courts which are different to neighbouring areas. Unitary states usually form single jurisdictions, whilst each state in a federal state forms a separate jurisdiction. However sometimes certain laws in a federal state are uniform across the constituent states and develop special juvenile The term minor is used to refer to a person who is under the age in which one legally assumes adulthood and is legally granted rights afforded to adults in society. Depending on the jurisdiction and application, this age may vary, but is usually marked at either 12, 16, 18, 20, or 21. Specifically, the status of minor is defined by the age of justice systems in parallel to the adult criminal justice system. Here, the hearings are essentially welfare-based and deal with children as in need of compulsory measures of treatment and/or care. Children are diverted into this system when they have committed what would have been an offense in an adult.
2. As the physical capacity of a child to commit a crime. Hence, children are deemed incapable of committing some sexual or other acts requiring abilities of a more mature quality.

Thus, each state is considering whether any given child Biologically, a child is generally a human between the stages of birth and puberty. The legal definition of "child" generally refers to a minor, otherwise known as a person younger than the age of majority. "Child" may also describe a relationship with a parent or authority figure, or signify group membership in a clan, tribe, has committed an offense, and given that answer, what the most appropriate measures would be for dealing with a child who has done what this child did. It is noted that, in some states, a link is made between infancy as a defense and defenses that diminish responsibility on the ground of a mental illness. Distinctions between children, young offenders, juveniles, etc. are used to denote matching levels of incapacity. The majority view is that this linkage is not constructive in that it implies that children are in some way mentally defective whereas they merely lack the judgment that comes with age and experience.

Discussion

This is an aspect of the public policy Public policy is the body of principles that underpin the operation of legal systems in each state. This addresses the social, moral and economic values that tie a society together: values that vary in different cultures and change over time. Law regulates behaviour either to reinforce existing social expectations or to encourage constructive of parens patriae Parens patriae is Latin for "parent of the nation". In law, it refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian or informal caretaker, and to act as the parent of any child or individual who is in need of protection. For example, some children, incapacitated individuals,. In the criminal law Criminal law, or penal law, is the bodies of rules with the potential for severe impositions as punishment for failure to comply. Criminal punishment, depending on the offense and jurisdiction, may include execution, loss of liberty, government supervision , or fines. There are some archetypal crimes, like murder, but the acts that are forbidden, each state will consider the nature of its own society and the available evidence of the age at which antisocial behavior begins to manifest itself. Some societies will have qualities of indulgence toward the young and inexperienced, and will not wish them to be exposed to the criminal law system before all other avenues of response have been exhausted. Hence, some states have a policy of doli incapax A conclusive presumption in English law is a presumption of law that cannot be rebutted by evidence and must be taken to be the case whatever the evidence to the contrary (i.e. incapable of wrong) and exclude liability for all acts and omissions that would otherwise have been criminal up to a specified age.^[1] Hence, no matter what the infant may have done, there cannot be a criminal prosecution The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual suspected of breaking the law. However, although no criminal liability is inferred, other aspects of law may be applied. For example, in Nordic countries, an offence by a person under 15 years of age is considered mostly a symptom of problems in child's development. This will cause the social authorities to take appropriate administrative measures to secure the development of the child. Such measures may range from counseling to placement at special care unit. Being non-judicial, the measures are not dependent on the severity of the offence committed but on the overall circumstances of the child.

The policy of treating minors as incapable of committing crimes does not necessarily reflect modern sensibilities. Thus, if the rationale of the excuse is that children below a certain age lack the capacity to form the mens rea of an offense, this may no longer be a sustainable argument. Indeed, given the different speeds at which people may develop both physically and intellectually, any form of explicit age limit may be arbitrary and irrational. Yet, the sense that children do not deserve to be exposed to criminal punishment in the same way as adults remains strong. Children have not had experience of life, nor do they have the same mental and intellectual capacities as adults. Hence, it might be considered unfair to treat young children in the same way as adults.

In Scotland Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the southwest. In addition to the mainland, Scotland the age of responsibility is eight years, In England and Wales England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom. Unlike Scotland and Northern Ireland, England and Wales follow the legal system known as English law, and the two form the constitutional successor to the former Kingdom of England and Northern Ireland Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west. At the time of the 2001 UK Census, its population was 1,685,000, constituting about 30% of the island's total population and about 3% of the population of the age of responsibility is ten years and in the Netherlands The Netherlands (pronounced /ˈnɛðɚləndz/ ; Dutch: Nederland, pronounced [ˈneːdərlɑnt] ( listen)) is a constituent country of the Kingdom of the Netherlands, located in North-West Europe. It is a parliamentary democratic constitutional monarchy. The Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany and Canada The land occupied by Canada was inhabited for millennia by various groups of Aboriginal peoples. Beginning in the late 15th century, British and French expeditions explored, and later settled, along the Atlantic coast. France ceded nearly all of its colonies in North America in 1763 after the Seven Years' War. In 1867, with the union of three, the age of responsibility is twelve years. Sweden Sweden (pronounced /ˈswiːdən/ SWEE-dən, Swedish: Sverige [ˈsvær.jə]), officially the Kingdom of Sweden (Swedish: Konungariket Sverige (help·info)), is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden has land borders with Norway to the west and Finland to the northeast, and water borders with Denmark, Germany and, Finland Finland (pronounced /ˈfɪnlənd/ ), officially the Republic of Finland Finnish: Suomi; Swedish: Finland (help·info), is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden on the west, Norway on the north and Russia on the east, while Estonia lies to its south across the Gulf of Finland, Denmark Denmark (pronounced /ˈdɛnmɑrk/ ; Danish: Danmark, pronounced [ˈd̥ænmɑɡ̊], archaic: [ˈd̥anmɑːɡ̊]) is a Scandinavian country in Northern Europe and the senior member of the Kingdom of Denmark. It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark borders, and Norway After World War II, Norway experienced rapid economic growth, with the first two decades due to the Norwegian shipping and merchant marine and domestic industrialization, and from the early 1970s, a result of exploiting large oil and natural gas deposits that had been discovered in the North Sea and the Norwegian Sea. Today, Norway ranks as the all set the age at fifteen years. In most of the US states A U.S. state is any one of 50 sovereign federated states of the United States of America that share sovereignty with the federal government. Four states use the official title of commonwealth rather than state. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. State, the age varies between states but is normally not lower than 7 years. In Belgium Belgium (pronounced /ˈbɛldʒəm/ , BEL-jəm), officially the Kingdom of Belgium, is a country in northwest Europe. It is a founding member of the European Union and hosts its headquarters, as well as those of other major international organizations, including NATO. Belgium covers an area of 30,528 square kilometres (11,787 sq mi), and it has a, it is eighteen years. As the treaty parties of the Rome Statute The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. As of October 2009, 110 states are party to the statute, and a further 38 states have signed but not ratified the of the International Criminal Court The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression (although it cannot currently exercise jurisdiction over the crime of aggression) could not agree on a minimum age for criminal responsibility, they chose to solve the question procedurally and excluded the jurisdiction of the Court for persons under 18 years.

Some states refuse to set a fixed minimum age, but leave discretion to prosecutors The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual suspected of breaking the law to argue or the judges A judge, or arbiter of justice, is a lead who presides over a court of law, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is like an umpire in a game and conducts the trial impartially and in an open court. The to rule on whether the child Biologically, a child is generally a human between the stages of birth and puberty. The legal definition of "child" generally refers to a minor, otherwise known as a person younger than the age of majority. "Child" may also describe a relationship with a parent or authority figure, or signify group membership in a clan, tribe, or adolescent Adolescence is a transitional stage of physical and mental human development generally occurring between puberty and legal adulthood (age of majority), but may also be defined as ending with the teenage stage. According to Erik Erikson's stages of human development, for example, a young adult is generally a person between the ages of 20 and 40, ("juvenile") defendant understood that what was being done was wrong. If the defendant did not understand the difference between right and wrong, it may not be considered appropriate to treat such a person as culpable. Alternatively, the lack of real fault in the offender can be recognized by rulings that dispense mitigated criminal sentences In law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence generally involves a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime. Those imprisoned for multiple crimes, will serve a consecutive sentence , a concurrent or address more practical matters of parental responsibility In the nations of the European Union and elsewhere, parental responsibility refers to the rights and privileges which underpin the relationship between a child and either of the child's parents or those adults who have a significant role in the child's life. The terminology for this area of law now includes matters dealt with as contact and by adjusting the rights of parents A parent is a caretaker of the offspring in their own species. In humans, a parent is the mother or the father figure of a child (NOTE: "child" refers to offspring, not necessarily age). Children can have one or more parents, but they must have two biological parents. Biological parents consist of the male who sired the child and the to unsupervised custody, or by separate criminal proceedings against the parents for breach of their duties In Canada and the United States, the term parental responsibility refers to the potential or actual liability that may be incurred by parents for the behaviour of their children as parents.

Ages of criminal responsibility by country

The following are the minimum ages at which children may be charged with a criminal offence.

References

1. ^ Dalby JT. (1985). "Criminal liability in children". Canadian Journal of Criminology 27: 137–145.
2. ^ ^{a b c} "Children in the US Justice System". Amnesty International USA). http://www.amnestyusa.org/document.php?id=D94FCE82406321E18025690000692DCA&lang=e.
3. ^ Saving a generation of young people by Dr Don Brash, Justice, 2005
4. ^ "Old enough to be a criminal?". UNICEF United Nations Children's Fund). http://www.unicef.org/pon97/p56a.htm.
5. ^ ^{a b} Ages of criminal responsibility in Australian jurisdictions, Australian Governments official website
6. ^ The Children and Young Persons Act 1933 (23 & 24 Geo.5 c.12), section 50; as amended by The Children and Young Persons Act 1963 (c.37), section 16(1) [1]
7. ^ Young offenders section of the UK Governments official website
8. ^ Report on the Draft Justice (NI) Bill of the Northern Ireland Assembly's official website
9. ^ Criminal Code of Canada, s. 13; may received reduced sentencing under the Youth Criminal Justice Act until age 18.
10. ^ Children and the criminal justice system in Ireland, Irish Government official website
11. ^ Japanese Penal Code (Act No.45 of 1907), article 41 [2]
12. ^ StGB §19
13. ^ Ley Orgánica 5/2000, de 12 de enero, reguladora de la responsabilidad penal de los menores (Spanish)
14. ^ http://zpravy.idnes.cz/klaus-podpisem-stvrdil-trestni-odpovednost-i-legalni-sex-od-15-let-p9s-/domaci.asp?c=A090812_170746_domaci_jw
15. ^ Teen gangsters in bullet-proof vests, The Copenhagen Post, October 5, 2009
16. ^ Penal Code 3:1 § (39/1889, as changed by 515/2003). Retrieved 10-31-2007.
17. ^ Penal Code Almindelig borgerlig Straffelov (Straffeloven) § 46 (changed of law 12 Jun 1987 nr. 51). Retrieved 19/7 - 2007.
18. ^ Rome Statute of the International Criminal Court Article 26.

• Maher, Gerry. "Age and Criminal Responsibility. 2005 Vol 2. Ohio State Journal of Criminal Law. 493 [3]
• CRC Country Reports (1992-1996); Juvenile Justice and Juvenile Delinquency in Central and Eastern Europe, 1995; United Nations, Implementation of UN Mandates on Juvenile Justice in ESCAP, 1994; Geert Cappelaere, Children's Rights Centre, University of Gent, Belgium.
• http://www.unicef.org/pon97/p56a.htm

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