The defense of infancy 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. 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 he had done. Children aged seven to fourteen (13 years 364 days 23'59'59" aged) were presumed incapable of committing a crime but the presumption was rebuttable. The prosecution could overcome the presumption by proving that the child understood what he was doing and that it was wrong. Children fourteen and older were presumed capable of committing a crime. However, the child could rebut this presumption by establishing that because of his immaturity he was incapable of understanding what he had done or the wrongfulness of his conduct.
Read more about Defense Of Infancy: Denmark, The Age of Criminal Responsibility, Discussion, Ages of Criminal Responsibility By Country, Child Imprisonment
Famous quotes containing the words defense of, defense and/or infancy:
“From a bed in this hotel Seargent S. Prentiss arose in the middle of the night and made a speech in defense of a bedbug that had bitten him. It was heard by a mock jury and judge, and the bedbug was formally acquitted.”
—Federal Writers’ Project Of The Wor, U.S. public relief program (1935-1943)
“Hence that general is skilful in attack whose opponent does not know what to defend; and he is skilful in defense whose opponent does not know what to attack.”
—Sun Tzu (6th–5th century B.C.)
“... one of the blind spots of most Negroes is their failure to realize that small overtures from whites have a large significance ... I now realize that this feeling inevitably takes possession of one in the bitter struggle for equality. Indeed, I share it. Yet I wonder how we can expect total acceptance to step full grown from the womb of prejudice, with no embryo or infancy or childhood stages.”
—Sarah Patton Boyle, U.S. civil rights activist and author. The Desegregated Heart, part 1, ch. 10 (1962)