Tuesday, November 2, 2010

Age of Criminal Responsibility

Rick Archer, . (Photographer). (2001). responsibility. [Web]. Retrieved from http://www.ssqq.com/archive/vinlin17.htm
The defense of infancy is a form of defense known as an excuse so that defendants falling within the definition of an infant, those excluded from being responsible for their actions, if they had not reached an age of criminal responsibility.  Children under the age of seven are considered incapable of committing a crime. Children from the ages of seven to fourteen are considered incapable of commtting a crime but the presumption was rebuttable. The presumption could be overcome by proving that the child understood what he was doing and that it was wrong by the prosecution. Children of the ages fourteen and older are considered capable of committing a crime. However, the child could rebut this presumption by saying that because of his immaturity he wasn’t able to understand what he had done or the wrongfulness of what he has done. Because of the exemption of children from adult systems of punishment most states have developed special juvenile justice systems in parallel to the adult criminal justice system.  Hearings are based on the care the child needs. Children are said incapable of committing crimes that require abilities of more maturity such as sexual crimes. Every state has set minimum ages as which children can be charged with criminal offense in the United states it ranges from six years old to twelve years old. This can affect choices that these children make by making them think its ok to commit a crime because they received none or less punishment for doing said crime. They are then more likely to commit crimes when they are older because of this lack of punishment. I you are older and commit a crime you are going to be punished and are less likely to commit another crime because of being punished. So people in this age that cannot be charged are in a way exempt from the law with doesn’t define them as a person because of this. I’m not in this age so I am a person and all law apply to me, although when I was that age this law did not affect me. Once again this has to do with the maturity of the mind but with a little twist, it focuses on the idea of right and wrong. That's one reason why the age of responsibility is lower than say the drinking age or age of consent, people are thought to know right from wrong at a  younger age. Although is Nussbaum she says humans should be able to love, to make attachments, and live in relation to others humans and show concern but what about hating and hurting others. Does her leaving this idea out mean she thinks maybe they are not of the same decree of being human as others. Should people who do harm and do bad things be considered less of a person?Like in Iron Jawed Angles and Bracton, should people not be classified in to groups regardless of what the classification is .

Should We Raise the Age of Responsibility 
Loose women A British TV Program .  This Video discussed The Age of Responsibility and rather it should be raised or not. I found it very interesting, it brings up both sides and brings up very good points. Although it is British it is informal and the discussion can still apply to The United States.One point is that children know right and wrong at an early age.

Scotland-Age of Responsibility
Discusses Scotland wanting to raise their Age of Responsibility and people who support it and don't. Gives evidence of why both viewpoints are right. Has points and ideas that can be raised here like anywhere else. Starts with a story of two 10 year old children  killing a toddler.

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