Youth under the law. (1 Viewer)

[gleeek]

Why does the "youth" need special protection under the law?
Is it possibly because the represent the future and thus need to be fostered with nurture in order to maintain a smooth running society?
Or because they are disadvantaged due to their age, physical and mentally capacity.. blah blah?


Any help would be greatly appreciated.

 

[Mdzabakly]

Why are under 9s not arrested? cuz they're young.

 

[lolwot]

Doli Incapax I think, http://en.wikipedia.org/wiki/Age_of_criminal_responsibility_in_Australia

 

[Timske]

Why does the "youth" need special protection under the law?
Is it possibly because the represent the future and thus need to be fostered with nurture in order to maintain a smooth running society?
Or because they are disadvantaged due to their age, physical and mentally capacity.. blah blah?


Any help would be greatly appreciated.

Why? Because in the eyes of the law children and young people do not have to mental capacity to make informed decisions and cannot distinguish between right and wrong and thus do not hold the appropriate Mens rea required to prove intent. Refer to the 'Age of Criminal Responsibilities' below 10, 10-13, 14-17 and Doli Incapax. They are more vulnerable than adult due to their relative inexperience and lack of knowledge and so requires 'special protection' from the law with a focus on rehabilitation and diverting 'youth' away from criminal proceedings. 'Special Protections' include Youth Justice Conference as an alternative way of court under the Young Offenders Act 1997 (NSW), more rights when arrested or interrogated, Children's Court.

 

[gleeek]

Thank you all, greatly appreciated!
and thank you Timske for the detailed answer! It makes more sense now.