In the Colonial American Courts, treatment of youthful offenders varied in the interpretation of the ability for youth to form mens rea

Discuss and describe this ability as interpreted by the courts for children under 7, children 7-14, and children over 14.


Under 7—child does not have ability to form mens rea (guilty intent) and cannot be held accountable for any crime; 7-14—capacity to form mens rea was a rebuttable defense, prosecution would have to prove the capacity for mens rea and defense could present evidence against the capacity to form mens rea.

Criminal Justice

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