In most circumstances, punishing a youngster who lacks the mental capacity to comprehend the long-term implications of their conduct is irrational. In the legal realm, a person's mental state or purpose plays a big role in how they are punished. In some cases, such as fraud, if a person did not intend to commit a crime, there was no crime committed. However, in some regions of the country, a growing number of individuals are advocating for harsher penalties for juveniles.

At what age should someone be charged with a crime?

Over time, the age at which a person should be prosecuted for a crime has shifted. It used to be that if a kid was seven years old or younger, they could not be accused since they lacked the criminal ability to conduct a crime. Children aged seven to fourteen were also considered incompetent, but a prosecution may claim that the kid knew what they were doing because of their age, experience, knowledge, and other factors, and that they should be charged.

The defense of infancy may be used

If you're reading this because your child is in the juvenile justice system and you're not sure what to do, you'll be glad to hear that you have alternatives. If your child is under the age of 14, they may be eligible for the infancy defense.

This effectively implies that the prosecution must show, via extremely convincing evidence, that the youngster understood and acknowledged the gravity of their acts. The circumstances of the crime, whether it was planned, what preparation was done, and whether any effort was made to hide the act will all be considered by the court.

The current craze is to hold children accountable

As previously stated, the perception that children are children who cannot comprehend their "crimes" has evolved through time. A juvenile court has been established, ostensibly to assist youngsters and to avoid future offenses. This is what it does when everything is working properly. This is not a criminal case, and rather than punishing a kid, the purpose is to rehabilitate and treat them. The age at which a kid is transferred from juvenile to adult court is mostly determined by the offence committed.

You'll need an attorney to ensure that your child is treated fairly

If your kid is currently going through the juvenile justice system or is being prosecuted as an adult, you must hire a counsel. We are here at the Law Office of Michael L. Fell for one reason: to help your kid achieve the greatest possible outcome. Request a free legal review by calling (949) 585-9055 now.