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Download Childrens Rights and the Minimum Age of Criminal by Don Cipriani PDF

By Don Cipriani

Kids of just about any age can holiday the legislations, yet at what age may still young ones first face the potential of legal accountability for his or her alleged crimes? This paintings is the 1st worldwide research of nationwide minimal a long time of felony accountability (MACRs), the overseas criminal tasks that encompass them, and the imperative issues for constructing and imposing respective age limits. Taking a global kid's rights procedure, with a wealthy theoretical framework and the energy of the UN conference at the Rights of the kid, this paintings keeps a severe viewpoint, similar to in not easy the assumptions of many kid's rights students and advocates. Compiling the age limits and statutory resources for all nations, this booklet explains the vast old origins in the back of such a lot of them, picking out the routine useful demanding situations that impact each state and supplying the 1st complete proof common precept of foreign legislations calls for all countries, despite their treaty ratifications, to set up respective minimal age limits.

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Extra info for Childrens Rights and the Minimum Age of Criminal Responsibility (Advances in Criminology)

Sample text

Whereas Article 3 states children’s right to have their best interests be a primary consideration (by adults) in all actions concerning them, and Article 12 guarantees children’s right to express their views in all matters affecting them (with those views given due weight by adults), Articles 5 and 14 instead shift to children exercising their own rights. 38 Nonetheless, in general, children may justifiably expect to gain various liberties and responsibilities with some degree of consistency, and to see protection rights decrease in importance.

When people do not have the ability or the chance to act freely, penal sanctions can not apply. As such, criminal responsibility is essential for the moral legitimacy of the criminal and juvenile justice system. The burden of potential criminal responsibility, and submission to a criminal procedure, triggers the provision of certain rights in part to ensure that legitimacy. 44 Where children’s responsibility is deemed irrelevant, or where children are assumed to be free from it, wider discretion falls to governments.

54 Fagan, Jeffrey, “Context and Culpability in Adolescent Crime,” 6 Virginia Journal of Social Policy and the Law 507, 1999. 14 Children’s Rights and the Minimum Age of Criminal Responsibility Reliance upon a myth assumption is, of course, vastly problematic for the justice approach on various levels. Fundamentally, it subverts the approach’s centerpiece—respect for the autonomy and choices of individuals: We do not enhance the dignity of those deprived of the capacity for morally responsible choice by simply pretending, through the judicial system, that they do bear such responsibility.

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