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Criminal Law • Excuse
CRIMLAW#019
Legal Definition
A child under 7 is not criminally liable. For children ages 7 to 14, there is a rebuttable presumption of no criminal liability. Generally, over the age of 14, one is treated as an adult.
Plain English Explanation
"Criminal Laws" are rules that society has agreed are so important to follow that society allows the government to punish those who break them. However, in general, society wants to be fair when it comes to applying punishment. This is why you'll learn (in other cards) how "intent" can transform otherwise benign actions into a crime. Within this spectrum of fairness, the law considers the age of a perpetrator. Why? Because punishing an adult for doing something they knew—or should have known—was wrong is more fair than punishing a child for doing something they either (a) were never taught was wrong; or (b) lack the mental maturity to understand.
Thus, children under the age of 7 are usually not capable of committing a crime, even if they otherwise satisfy all the elements. Similarly, children between the age of 7 and 14 are presumed to not be criminally liable; this presumption can be overridden with enough evidence. Finally, children who are 14 years old or older are generally treated as adults, which means if their actions meet the elements of the crime, they can be convicted of that crime; there may not be a "but they are just a child!" excuse available.
Thus, children under the age of 7 are usually not capable of committing a crime, even if they otherwise satisfy all the elements. Similarly, children between the age of 7 and 14 are presumed to not be criminally liable; this presumption can be overridden with enough evidence. Finally, children who are 14 years old or older are generally treated as adults, which means if their actions meet the elements of the crime, they can be convicted of that crime; there may not be a "but they are just a child!" excuse available.
Related Concepts
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