DEFENSE OF INFANCY Meaning and
Definition
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Defense of infancy is a legal principle that pertains to the protection of individuals who are below a certain age from being held fully accountable for their actions in criminal cases. It primarily applies to minors who commit offenses and is rooted in the recognition that children lack the mental and emotional capacity to understand the consequences of their behavior or to form criminal intent.
Under the defense of infancy, individuals below a specified age, typically ranging from seven to fourteen years old, are presumed to lack the necessary maturity and understanding to be held criminally responsible. The precise age of criminal responsibility can vary across jurisdictions depending on the specific legal system and cultural norms.
Adopting the defense of infancy is based on the understanding that children have an inherent vulnerability and susceptibility to external influences, which can significantly impact their decision-making abilities. Therefore, instead of being subject to the same punishment as adults, minors accused of wrongdoing are often treated differently within the legal system, with an emphasis on rehabilitation rather than punishment.
While the defense of infancy generally exempts children from criminal liability, it is not an absolute rule. In some cases, certain serious offenses committed by minors may warrant waiver to adult court, where they can be held fully accountable for their actions. Moreover, even within the framework of defense of infancy, there can be variations in the application of legal consequences based on the age, maturity level, and severity of the offense committed by the minor.
