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Children Society - 2023 - Tuomi - Criminal responsibility of older children The failings of doli incapax in Australia153.21 kB
Published VersionCC BY V4.0, Open Access
Journal article
Criminal responsibility of older children: The failings of doli incapax in Australia
Children & Society, Vol.38(2), pp.456-469
2024
Abstract
Criminal law balances community protection from children who commit criminal offences against supporting children to behave appropriately. Existing Australian law applies the rebuttable presumption of doli incapax to children from 10 years of age and then applies full criminal responsibility to children from 14 years of age. Imposing full criminal responsibility on older children is problematic because it does not account for their cognitive development, social and environmental risk factors and maturity. Extending doli incapax to older children is one response to address the challenges of older children's criminal culpability but it does not go far enough to protect children from the harms of the criminal justice system.
Details
- Title
- Criminal responsibility of older children: The failings of doli incapax in Australia
- Authors
- William Tuomi (Author) - University of the Sunshine Coast, Queensland, School of Law and SocietyDominique Moritz (Corresponding Author) - University of the Sunshine Coast, Queensland, School of Law and Society
- Publication details
- Children & Society, Vol.38(2), pp.456-469
- Publisher
- Wiley-Blackwell Publishing Ltd.
- Date published
- 2024
- DOI
- 10.1111/chso.12715
- ISSN
- 1099-0860; 0951-0605
- Copyright note
- © 2023 The Authors. Children & Society published by National Children's Bureau and John Wiley & Sons Ltd. This is an open access article under the terms of the Creative Commons Attribution License, which permits use, distribution and reproduction in any medium, provided the original work is properly cited.
- Organisation Unit
- School of Law and Society; Sexual Violence Research and Prevention Unit
- Language
- English
- Record Identifier
- 99722098902621
- Output Type
- Journal article
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