Age of criminal responsibility in the context of "Juvenile offender"

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⭐ Core Definition: Age of criminal responsibility

The age of criminal responsibility is the age below which a child is deemed incapable of having committed a criminal offence. In legal terms, it is referred to as a defence/defense of infancy, which is a form of defense known as an excuse so that defendants falling within the definition of an "infant" are excluded from criminal liability for their actions, 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 committed.

Under the English common law the defense of infancy was expressed as a set of presumptions in a doctrine known as doli incapax. A child under the age of seven was presumed incapable of committing a crime. The presumption was conclusive, prohibiting the prosecution from offering evidence that the child had the capacity to appreciate the nature and wrongfulness of what they had done. Children aged 7–13 were presumed incapable of committing a crime but the presumption was rebuttable. The prosecution could overcome the presumption by proving that the child understood what they were doing and that it was wrong. In fact, capacity was a necessary element of the state's case (thus, the rule of sevens doctrine arose). If the state failed to offer sufficient evidence of capacity, the infant was entitled to have the charges dismissed at the close of the state's evidence. Doli incapax was abolished in England and Wales in 1998 for children over the age of 10, but persists in other common law jurisdictions.

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Age of criminal responsibility in the context of Juvenile delinquency

Juvenile delinquency, also known as juvenile offending, is the act of participating in unlawful behavior younger than the statutory age of majority. These acts would be considered crimes if the individuals committing them were older. The term delinquent usually refers to juvenile delinquency, and is also generalised to refer to a young person who behaves an unacceptable way.

In the United States, a juvenile delinquent is a person who commits a crime and is under a specific age. Most states specify a juvenile delinquent, or young offender, as an individual under 18 years of age, while a few states have set the maximum age slightly different. The term "juvenile delinquent" originated from the late 18th and early 19th centuries when the treatment of juvenile and adult criminals was similar, and punishment was over the seriousness of an offense. Before the 18th century, juveniles over age 7 were tried in the same criminal court as adults and, if convicted, could get the death penalty. Illinois established the first juvenile court. This juvenile court focused on treatment objectives instead of punishment, determined appropriate terminology associated with juvenile offenders, and made juvenile records confidential. In 2021, Michigan, New York, and Vermont raised the maximum age to under 19, and Vermont law was updated again in 2022 to include individuals under 20. Only three states, Georgia, Texas, and Wisconsin, still appropriate the age of a juvenile delinquent as someone under the age of 17. While the maximum age in some US states has increased, Japan has lowered the juvenile delinquent age from under 20 to under 18. This change occurred on 1 April 2022 when the Japanese Diet activated a law lowering the age of minor status in the country. Just as there are differences in the maximum age of a juvenile delinquent, the minimum age for a child to be considered capable of delinquency or the age of criminal responsibility varies considerably between the states. Some states that impose a minimum age have made recent amendments to raise the minimum age. Still, most states remain ambiguous on the minimum age for a child to be determined a juvenile delinquent. In 2021, North Carolina changed the minimum age from 6 to 10 years old, Connecticut moved from 7 to 10, and New York adjusted from 7 to 12. In some states, the minimum age depends on the seriousness of the crime committed. Juvenile delinquents or juvenile offenders commit crimes ranging from status offenses such as, truancy, violating a curfew or underage drinking and smoking to more serious offenses categorized as property crimes, violent crimes, sexual offenses, and cybercrimes.

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Age of criminal responsibility in the context of Minor (law)

In law, a minor is someone under a certain age, usually the age of majority, which demarcates an underage individual from legal adulthood. The age of majority depends upon jurisdiction and application, but it is commonly 18. Minor may also be used in contexts that are unconnected to the overall age of majority. For example, the smoking and drinking age in the United States is 21, and younger people below this age are sometimes called minors in the context of tobacco and alcohol law, even if they are at least 18. The terms underage or minor often refer to those under the age of majority, but may also refer to a person under other legal age limits, such as the age of consent, marriageable age, driving age, voting age, working age, etc. Such age limits are often different from the age of majority.

The concept of minor is not sharply defined in most jurisdictions. The age of criminal responsibility, of ability to legally consent to sexual activity, at which school attendance is no longer compulsory and thus a person may leave school, at which legally-binding contracts may be entered into, and so on and so forth, may be different from one another.

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