NCJ Number
178147
Journal
Criminal Justice Volume: 12 Issue: 2 Dated: Summer 1997 Pages: 45-46
Date Published
1997
Length
2 pages
Annotation
This article reviews age as an issue of capacity in juvenile delinquency proceedings.
Abstract
Since 1992 all but 10 States have greatly liberalized the ability of the state to try juveniles as adults, a number of them at earlier ages than previously. Common law rules defined 14 as the age of adulthood for purposes of criminal responsibility. However, with the establishment of the juvenile court at the turn of the 20th century, the status of common law rules became far less clear. Pleas of infancy, or incapacity based on age, have generally proven to be ineffective in juvenile delinquency proceedings around the country. The author argues that the age defense should be considered under the following circumstances: (1) a juvenile under the age of 14 is being tried as an adult in a criminal court; and (2) in the juvenile or family court, where the legislative definition of the court’s role has shifted from rehabilitation to punishment and accountability, and where the consequences of guilt adjudication are barely distinguishable from those used as sanctions in the criminal court.