infancy Flashcards
What is the legal principle of “infancy” in criminal law
“Infancy” refers to the legal defense that children, especially those under a certain age, may not have the capacity to understand the nature of their actions or form the necessary mens rea (guilty mind) to be held criminally responsible. It is based on the idea that children are not fully developed mentally and emotionally like adults
At what age is a child considered criminally responsible in Ireland?
- Under 12 years old: A child cannot be charged with a crime.
- 10-11 years old: These children can be charged with serious crimes like murder, manslaughter, rape, or aggravated sexual assault.
- Under 14 years old: A child under 14 can only be prosecuted with the consent of the Director of Public Prosecutions (DPP).
- What is the difference between the age of criminal responsibility and the age at which a child can be charged with a crime in Ireland?
- Age of criminal responsibility is generally set at 12. A child under this age cannot be held criminally responsible for their actions.
- However, children aged 10 or 11 can be charged with serious crimes like murder, manslaughter, rape, or aggravated sexual assault. For all other crimes, the minimum age of criminal responsibility is 12.
- What is the rebuttable presumption for children between 7 and 14 years old in Ireland?
Answer:
Children aged 7 to 13 are presumed not capable of committing a crime due to a lack of understanding of right and wrong. However, this presumption can be rebutted if evidence shows the child knew their actions were wrong (i.e., they had the necessary mens rea).
- What factors does the court consider to determine whether a child understood the difference between right and wrong?
- The nature of the crime: How serious was the crime?
- The child’s conduct after the act: Did the child try to hide or cover up their actions? This could indicate an understanding of wrongfulness.
- The child’s knowledge: Was the child capable of understanding, subjectively and objectively, that their actions were wrong?
- What is the meaning of “mischievous discretion” in the context of infancy?
Answer:
“Mischievous discretion” refers to the test used in criminal law to determine if a child understood their actions were wrong. It means that the child knew their actions were not just a minor mistake or mischief, but something that was seriously wrong. A child who runs away, for example, might just be acting out, but if they lie or try to cover something up, it could indicate they knew what they did was gravely wrong.
- What is the significance of the case R v. Gorrie (1919) in the context of infancy?
Answer:
In R v. Gorrie (1919), the court established the “mischievous discretion” test, which asks whether the child knew that what they did was seriously wrong, not just “naughty” or a minor misstep. The case clarified that a child’s conduct, such as hiding evidence or lying, can show they understood the gravity of their actions.
- What is the role of the Director of Public Prosecutions (DPP) when a child under 14 is charged with a crime?
If a child under 14 is charged with an offense, the DPP must give consent for the case to proceed. This is to ensure that the child’s rights and well-being are taken into account, and that the prosecution is in the child’s best interest.
- How does the Children Act 2001 impact the prosecution of children under 12 years old?
Answer:
The Children Act 2001 establishes that children under 12 years old cannot be charged with most criminal offenses. For children between 10 and 11, however, they can be charged with serious crimes like murder, manslaughter, and sexual offenses. The law recognizes a child’s lack of full capacity and aims to protect them from adult punishment where possible.
- What is the Oberstown Children Detention Campus and its role in juvenile justice?
Answer:
The Oberstown Children Detention Campus is a facility in Ireland that provides a secure and rehabilitative environment for children under 18 who have been remanded in custody or sentenced for criminal offenses. It is designed to ensure that young offenders receive appropriate care and supervision, rather than being placed in adult prisons.
- What is the legal impact of a child “aging out” of juvenile responsibility in Ireland?
Answer:
In cases where a child commits a crime but turns 18 before trial or sentencing, they can no longer be sentenced as a child. This is known as “aging out.” For example, a mandatory life sentence for murder cannot be imposed on someone who was a child when the offense was committed but was sentenced after turning 18. This principle was addressed in the Criminal Justice (Amendment) Act 2024, which seeks to prevent this unfair situation.
- What is the significance of JM (a minor) v. Runeckles [1984] in terms of a child’s understanding of right and wrong?
Answer:
In JM (a minor) v. Runeckles [1984], a 13-year-old boy attacked a girl with a broken bottle. The court referred to R v. Gorrie and ruled that a child does not need to know their action is morally wrong, but must understand that it is seriously wrong. The case emphasized that actions like these go beyond mere childish mischief and should be treated with the seriousness of an adult crime.
- Can a child under 14 be convicted of a crime in Ireland without proving they understood their actions?
Answer:
No. A child under 14 cannot be convicted of a crime unless it can be proven that they had the mental capacity to understand that their actions were seriously wrong. The court will assess the child’s age, maturity, and understanding to determine if criminal liability should be imposed.
- What is the legal presumption for children under 7 years old in criminal law?
Answer:
Children under 7 years old are presumed incapable of committing a crime. The law does not hold them criminally responsible for their actions, as it is believed they lack the mental capacity to understand the consequences of their behavior.
- How has the Criminal Justice (Amendment) Act 2024 changed the sentencing for children?
Answer:
The Criminal Justice (Amendment) Act 2024 addresses the issue of children who commit crimes but turn 18 before their trial or sentencing. It ensures that children who “age out” (turn 18) during the legal process are not subjected to mandatory life sentences for crimes committed while they were under 18. This is to avoid unfair treatm
