LAWS 2301 Chapter Notes - Chapter 13: Mens Rea, Tender Years, Young Offenders Act
9 Apr 2018
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Children were not held to the same degree of responsibility for commission of their crimes. According to aristotle children were seen as being able to act voluntarily and could be considered morally responsible for their acts (mens rea) Doli incapax doctrine= belief that a child of tender years is incapable of an unlawful act. Children between 7 and 14 were considered accountable for their actions. During 17th century good and evil test continues to paramount in cases involving children. Test was used to determine whether individuals should be subjected to capital punishment. Jda s. 26(1) young people were not to be housed in the same facilities as their adult counterparts. In cases where young person committed serious violent crime youth court has safety valve where court could treat young offender as an adult (s. 9) Parens patriae= principle that state acts as parent to dependent delinquents.
