CRIMINAL LIABILITY IN CHILDREN (FROM YOUTH INJUSTICE: CANADIAN PERSPECTIVES, P 297-308, 1993, THOMAS O'REILLY-FLEMING, BARRY CLARK, EDS. -- SEE NCJ-148261)

• NCJ Number: 148279
• Author(s): J T Dalby
• Date Published: 1993
• Length: 12 pages
• Sale Source: Canadian Scholars Press
• Publication Type: Issue Overview
• Language: English
• Country: Canada

Annotation

This paper outlines findings from scientific research on human behavioral development and suggests possible applications to legal questions of competence.

Abstract

The author reviews the historical backdrop against which determinations are made regarding the legal competence of children, particularly the changing social circumstances in Canada. The general philosophy of the Juvenile Delinquent Act of 1908 was one of child-saving; a delinquent was deemed to require help and guidance and proper supervision. The Young Offenders Act of 1984 declares that young persons who commit offenses should bear responsibility for their contraventions. Three areas of developmental psychology research which relate to the question of criminal competence are cognitive development, moral development, and conative development. The conclusion drawn from a review of developmental competencies is that most children at about the age of 7 meet at least minimum criteria for criminal responsibility. Endnotes