The Age of Criminal Responsibility

Mug shots of two young boys. 

Age of Criminal Responsibility considers the minimum age which people can be charged with a criminal offense because a child is seen as incapable of holding responsibility for its action within the society. This law is used as a component of the Defense of Infancy which prohibits the charging of people who have not reached the set age of criminal responsibility but, of course, there are exceptions to this law which are only determined in a court room.

Children are seen as incapable of deliberately committing a crime because their brains have not completely developed yet therefore they are seen as unstable and lacking rationality. It is legally set to the precise age when the mind starts to become aware of the differences between right and wrong. This characteristic can then be said to legally limit the definition of an “adult” or, in this case, the definition of a "child" in the eyes of the law. The age of criminal responsibility in most parts of the United States is between 16 and 18 years old because the age varies by state and varies extremely in other countries. The set age also differs between males and females. Therefore, personally I would not be able to use the Defense of Infancy if I were to commit a crime because in the eyes of the law I am legally an adult. The age of criminal responsibility focuses on the mental capabilities of children compared to those of adults but where does it stand when it comes to the mentally challenged? Would this defense of infancy still be able to be used in s court of law?

Below is a chart of the lowest Age of  Criminal Responsibility found in the USA

The purpose of the definition of a child concerning the age of criminal responsibility is similar to the purpose of the definition of a child found in Bracton’s On the Laws and Customs of England; both are set for legal purposes within society.