NCJ Number
182550
Journal
New York University Law Review Volume: 75 Issue: 1 Dated: April 2000 Pages: 159-198
Date Published
2000
Length
40 pages
Annotation
This essay advocates the implementation of a reformulated infancy defense by juvenile courts.
Abstract
This defense would create a protective presumption for juveniles ages 7-11 who are charged with serious offenses. This presumption would require the state to prove that the charged juvenile had both the capacity to possess and was in possession of the charged crime's requisite mens rea. The defense would grant similar protection to juveniles over the age of 11 who could demonstrate lack of capacity sufficient to justify such a presumption. In defense of this proposition, the author describes the development of the infancy defense and critiques the primary justifications behind its erosion, including the Rehabilitation Theory, the Procedural Policing Theory, and the Demarcation Theory. The essay further analyzes the ongoing trend toward viewing juveniles as "miniature adults," the emphasis on punishment over rehabilitation in juvenile courts, and the psychological underdevelopment of juveniles as it relates to criminal behavior. The essay concludes by proposing a model statute that recognizes and attempts to account for the unique mental state of juveniles who commit serious offenses. 198 footnotes