Age Of Criminal Responsibility Essay

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1. Discuss the issues surrounding the age of criminal responsibility. There are many issues surrounding the age of criminal responsibility. The main issues are how to deal with young offenders as young as ten years of age for a crime that they might commit. The question is should young offenders be treated like adults and receive the same sanctions for similar crimes that they might commit. The government of each state have issued what they think is the age of criminal responsibility, which is shown in the following diagram: As seen in the above figure each state agrees that children that commit crimes under the age of ten have no criminal responsibility. This is mainly because children under the age of ten are too young to have a criminal intent (mens rea); this is also referred to as doli incapax.…show more content…
Even though this presumption applies in all Australian criminal jurisdictions, it may be rebutted by proof that the child understood the wrongfulness of the action they have committed. Under Australian law children achieve the age of criminal responsibility when they reach fourteen years of age. This implies that children age fourteen and older are considered to be old enough to commit a criminal act (actus reas) and also criminal intent (mens rea). 2. Explian why young offenders are treated differently in teh criminal justice system: less maturity - less ability to see the difference between right and wrong - more easily influenced by other people - chance to change how a youth views these bad things, while its too late for adults - gives a chance to preserve the inoccence in that child and gives them anoter chance to become a good person - the circumstances in their lives may have a LARGE affect on the bad choices they have made. What does this mean for
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