Defense of Infancy

The defense of infancy 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. 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 he had done. Children aged seven to fourteen (13 years 364 days 23'59'59" aged) 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 he was doing and that it was wrong. Children fourteen and older were presumed capable of committing a crime. However, the child could rebut this presumption by establishing that because of his immaturity he was incapable of understanding what he had done or the wrongfulness of his conduct.

Read more about Defense Of Infancy:  Denmark, The Age of Criminal Responsibility, Discussion, Ages of Criminal Responsibility By Country, Child Imprisonment

Famous quotes containing the words defense of, defense and/or infancy:

    I would remind you that extremism in the defense of liberty is no vice! And let me remind you also that moderation in the pursuit of justice is no virtue!
    Barry Goldwater (b. 1909)

    If violence is wrong in America, violence is wrong abroad. If it is wrong to be violent defending black women and black children and black babies and black men, then it is wrong for America to draft us, and make us violent abroad in defense of her. And if it is right for America to draft us, and teach us how to be violent in defense of her, then it is right for you and me to do whatever is necessary to defend our own people right here in this country.
    Malcolm X (1925–1965)

    Even from their infancy we frame them to the sports of love: their instruction, behaviour, attire, grace, learning and all their words aimeth only at love, respects only affection. Their nurses and their keepers imprint no other thing in them.
    Michel de Montaigne (1533–1592)