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Defense Of Infancy
The age of criminal responsibility is the age below which a child is deemed incapable of having committed a criminal offence. In legal terms, it is referred to as a defence/defense of infancy, which is a form of defense known as an excuse so that defendants falling within the definition of an "infant" are excluded from criminal liability for their actions, if at the relevant time, they had not reached an age of criminal responsibility. After reaching the initial age, there may be levels of responsibility dictated by age and the type of offense committed. Under the English common law the defense of infancy was expressed as a set of presumptions in a doctrine known as doli incapax'. A child under the age of seven was presumed incapable of committing a crime. The presumption was conclusive, prohibiting the prosecution from offering evidence that the child had the capacity to appreciate the nature and wrongfulness of what they had done. Children aged 7–13 were presumed incapable o ...
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Criminal Age
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a Category of being, category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is de ...
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Coming Of Age
Coming of age is a young person's transition from being a child to being an adult. The specific age at which this transition takes place varies between societies, as does the nature of the change. It can be a simple legal convention or can be part of a ritual or spiritual event, as practiced by many societies. In the past, and in some societies today, such a change is associated with the age of sexual maturity (puberty), especially menarche and spermarche. In others, it is associated with an age of religious responsibility. Particularly in western societies, modern legal conventions which stipulate points in around the end of adolescence and the beginning of early adulthood (most commonly 18, with the range being 16-21) when adolescents are generally no longer considered minors and are granted the full rights and responsibilities of an adult) are the focus of the transition. In either case, many cultures retain ceremonies to confirm the coming of age, and coming-of-age st ...
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Doli Incapax
Doli may refer to: * Doli (character), recurring character in Lloyd Alexander's fantasy series ''The Chronicles of Prydain'' * Doli (musical instrument), a type of drum * Doli, Croatia, a village near Dubrovnik, Croatia * Doli (vehicle), a type of litter used in South Asia * ''Doli'' (film), a 1969 Hindi movie starring Rajesh Khanna and Babita * Doli Akhter, a Bangladeshi swimmer * Shkelzen Doli, an Albanian violinist * Dolu, Azerbaijan, a village in Astara District, Azerbaijan {{disambiguation ...
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Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the ...
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Parens Patriae
''Parens patriae'' is Latin for "parent of the nation" (lit., "parent of one's country"). In law, it refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian, or informal caretaker, and to act as the parent of any child, individual or animal who is in need of protection. For example, some children, incapacitated individuals, and disabled individuals lack parents who are able and willing to render adequate care, thus requiring state intervention. In U.S. litigation, ''parens patriae'' can be invoked by the state to create its standing to sue; the state declares itself to be suing on behalf of its people. For example, the Hart-Scott-Rodino Antitrust Improvement Act of 197615 USC 15c, through Section 4C of the Clayton Act, permits state attorneys general to bring ''parens patriae'' suits on behalf of those injured by violations of the Sherman Antitrust Act. Discussion ''Parens patriae'' relates to a notion initially invoked ...
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Public Policy (law)
In private international law, the public policy doctrine or (French: "public order") concerns the body of principles that underpin the operation of legal systems in each state. This addresses the social, moral and economic values that tie a society together: values that vary in different cultures and change over time. Law regulates behaviour either to reinforce existing social expectations or to encourage constructive change, and laws are most likely to be effective when they are consistent with the most generally accepted societal norms and reflect the collective morality of the society. In performing this function, Cappalli has suggested that the critical values of any legal system include impartiality, neutrality, certainty, equality, openness, flexibility, and growth. This assumes that a state's courts function as '' dispute resolution systems'', which avoid the violence that often otherwise accompanies private resolution of disputes. That is, citizens have to be encourag ...
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Juvenile Justice
A juvenile court, also known as young offender's court or children's court, is a tribunal having special authority to pass judgements for crimes that are committed by children who have not attained the age of majority. In most modern legal systems, children who commit a crime are treated differently from legal adults that have committed the same offense. Industrialized countries differ in whether juveniles should be tried as adults for serious crimes or considered separately. Since the 1970s, minors have been tried increasingly as adults in response to "increases in violent juvenile crime". Young offenders may still not be prosecuted as adults. Serious offenses, such as murder or rape, can be prosecuted through adult court in England. However, as of 2007, no United States data reported any exact numbers of juvenile offenders prosecuted as adults. In contrast, countries such as Australia and Japan are in the early stages of developing and implementing youth-focused justice in ...
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Jurisdiction (area)
A jurisdiction is an area with a set of laws under the control of a system of courts or government entity which are different from neighbouring areas. Each state in a federation such as Australia, Germany and the United States forms a separate jurisdiction. However, sometimes certain laws in a federal state are uniform across the constituent states and enforced by a set of federal courts; with a result that the federal state forms a single jurisdiction for that purpose. It is also possible for a jurisdiction to prosecute for crimes committed somewhere outside its jurisdiction, once the perpetrator returns. In some cases, a citizen of another jurisdiction outside its own can be extradited to a jurisdiction where the crime is illegal, even if it was not committed in that jurisdiction. Unitary states are usually single jurisdictions, but the United Kingdom is a notable exception; it has three separate jurisdictions due to its three separate legal systems. China also has separat ...
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Punishment
Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority—in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular action or behavior that is deemed undesirable or unacceptable. It is, however, possible to distinguish between various different understandings of what punishment is. The reasoning for punishment may be to condition a child to avoid self-endangerment, to impose social conformity (in particular, in the contexts of compulsory education or military discipline), to defend norms, to protect against future harms (in particular, those from violent crime), and to maintain the law—and respect for rule of law—under which the social group is governed. and violates the law or rules by which the group is governed. Punishment may be self-inflicted as with self-flagellation and mortification of the flesh in the religious setting, but i ...
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Prosecution
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a Criminal law, criminal jury trial, trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree, and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been Admission to the bar, admitted to the bar, or obtained a comparable qualification where available - such as Solicitor advocate, solicitor advocates in English law, England and Wales. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employe ...
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Adult
An adult is a human or other animal that has reached full growth. In human context, the term ''adult'' has meanings associated with social and legal concepts. In contrast to a " minor", a legal adult is a person who has attained the age of majority and is therefore regarded as independent, self-sufficient, and responsible. They may also be regarded as a "major". The typical age of attaining legal adulthood is 18, although definition may vary by legal rights, country, and psychological development. Human adulthood encompasses psychological adult development. Definitions of adulthood are often inconsistent and contradictory; a person may be biologically an adult, and have adult behavior, but still be treated as a child if they are under the legal age of majority. Conversely, one may legally be an adult but possess none of the maturity and responsibility that may define an adult character. In different cultures there are events that relate passing from being a child to becom ...
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Child
A child ( : children) is a human being between the stages of birth and puberty, or between the developmental period of infancy and puberty. The legal definition of ''child'' generally refers to a minor, otherwise known as a person younger than the age of majority. Children generally have fewer rights and responsibilities than adults. They are classed as unable to make serious decisions. ''Child'' may also describe a relationship with a parent (such as sons and daughters of any age) or, metaphorically, an authority figure, or signify group membership in a clan, tribe, or religion; it can also signify being strongly affected by a specific time, place, or circumstance, as in "a child of nature" or "a child of the Sixties." Biological, legal and social definitions In the biological sciences, a child is usually defined as a person between birth and puberty, or between the developmental period of infancy and puberty. Legally, the term ''child'' may refer to anyone below ...
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