CC200 Lecture Notes - Lecture 2: Youth Criminal Justice Act, Individual And Group Rights, Mens Rea
Document Summary
Crime = actus reus (action) and mens rea (intent) It has long been believed that adults have the capacity for both while children do not therefore, children are assumed doli incapax (incapable of wrong). Early corrections facilities for youth offenders were the same as for adult offenders thus, youth prisoners were subject to severe abuse. Three significant legislations regarding youth justice: juvenile delinquents act (1908) Delinquency defined as violation of law, mortality and vice. Parens patriae meant that state could take custody of children. Belief that children can be shaped, rescued from bad parents by the state. Status offences: acts that were crimes when commited by children but not by adults, including truancy (skipping school), vagrancy (loitering), sexual promiscuity, incorrigibility. No media or public in courtroom, no legal representation, only judge and probation officer. Custody went to the probation officer and this officer was responsible for supervising and representing the child"s best interests.
