The Minimum Age of Criminal Responsibility: A Medico-Legal Perspective

Abstract

The minimum age of criminal responsibility is set in England and Wales at 10 years of age (Children and Young Persons Act 1963), whilst the effective age of most civil responsibilities is 16. Research allows us to consider the speed of development of key brain structures in terms of decision-making and this in turn aids in discussion of where the minimum age should be set. This article reviews the evolution of the minimum age of criminal responsibility and examines the setting of this age in light of both civil attainment ages and the current scientific understanding of brain development.

What Is a Juvenile? A Cross-National Comparison of Youth Justice Systems

“…Until 1998, the doctrine of doli incapax was applied to persons older than age 10 but under age 14 presuming their incapacity to form criminal intent and placing the burden on the state to overcome this presumption. This principle, in place since at least the late 18th century, was abolished with the 1998 Crime and Disorder Act (Delmage, 2013). The Act articulates that prevention is a principal aim of the youth justice system (Blakeman, 2013); however, critics attest the contemporary practices adhere to a relatively punitive and expansive approach of retributive justice that was motivated by the Bulger case, in which two 10-year-olds were tried and convicted of the murder of a child in a highly public trial (Goldson, 2013).…”

Not Wired Up? The Neuroscientific Turn in Youth to Adult (Y2A) Transitions Policy

“…Consequently, if neuroscientific language has become an attractive mode of telling ‘policy stories’ to those in decision-making positions (Stevens, 2011), this then provides opportunities to also think in terms and significance much more broadly than the individual or their brain. For example, this raises questions about the implications of this evidence for the age of criminal responsibility and fundamental structures of justice systems which do not accord with knowledge about human development (Delmage, 2013; The Royal Society, 2011).…”

Neuroscience in Youth Criminal Law: Reconsidering the Measure of Punishment in Latin America

“…The impact of those studies was meaningful for the judiciary system of the United States since they were used by its Supreme Court to sentence the leading cases Roper v. Simmons (543 U.S. 551), Graham v. Florida (560 U.S. 48), and Miller v. Alabama (567 U.S. 460). In addition, there is an ongoing debate about their legal implications (Steinberg, 2009;Delmage, 2013).…”