In most cases, if a child does not have the mental capacity to understand the long-term consequences of their actions it seems unreasonable to punish them for taking these actions. In the world of law, mental state or intention has a lot to do with how a person is sentenced. With some types of crimes, such as fraud, if a person did not intend to commit a crime then no crime was committed. But in some parts of the country, more and more people are pushing to have juveniles punished harshly.

At which age should a person be prosecuted for a crime?

The age at which a person should be prosecuted for a crime has changed over the years. It used to be that if a child was seven years or younger then they were considered to not have the criminal capacity to commit a crime and could not be charged. Children who were between seven and fourteen were seen as lacking capacity as well but a prosecutor could argue that their age, experience, understanding, etc. resulted in the child knowing what they were doing and that they should be charged.

The infancy defense may be applicable

If you are reading this because you are child is going through the juvenile court system and you don’t know what to do then you may be relieved to know that there are options. If your child is not yet 14 then they may be able to assert the infancy defense. This essentially means that the prosecution is then responsible for proving with very clear proof that the child both understand and appreciated how wrong their actions were. The court will consider evidence such as the circumstances of the crime, whether it was planned for, what preparation there was, and whether or not there was any effort made to conceal the crime.

The modern trend is to hold kids accountable

As mentioned above, the trend to understand that kids are kids and cannot understand their “crimes” has changed over time. Now there is a juvenile court that is there supposedly to help children and to prevent future crimes. When it works correctly, this is what it does. This is not meant to be a criminal prosecution and the goal is to rehabilitate and treat a child rather than punish them. The age at which a child will be moved from juvenile court to adult court will depend largely on the crime that was committed.

You need an attorney to make sure your child gets fair treatment

If your child is going through the juvenile system right now, or is being tried as an adult, then you absolutely need an attorney. At Law Office of Michael L. Fell we are there for one reason: To provide the best possible outcome for your child. Call us today at (949) 585-9055 to request a free legal evaluation.