NCJ Number
82101
Journal
Revue de l'institut de sociologie Issue: 2 Dated: (1976) Pages: 51-59
Date Published
1976
Length
9 pages
Annotation
The study traces the development of the Belgian principle of non-discernment, i.e., the inability to differentiate right from wrong and to accept criminal responsibility, as applied to juveniles.
Abstract
The principle of non-discernment was officially established in 1912 to protect juveniles under age 16 and to justify new forms of intervention in their behalf. The later modifications of the law extended the principle to 18-year-olds who would benefit from educational intervention. A law of 1965 applied a principle of moral irresponsibility to any individual regardless of age who is incapable of making judgments and cannot control his or her actions. In 1965, a further law made it possible for judges to reverse the general presumption of non-discernment established by legislators for juveniles between ages 16 and 18, and then for all juveniles according to factors of personality, social conditions, and particular offenses. This reversal resulted from a growth in crime rates and the inadequacy of educational measures. The possibility of reversing the reversal was then made law in 1972. Because of the confusing exceptions, a number of critics favor resetting the age of criminal majority at 16, as in the law of 1912. Notes are supplied.