Children's Criminal Responsibility: MACR Quiz

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Questions and Answers

What does MACR stand for in the context of children's criminal responsibility?

Minimum Age of Criminal Responsibility (correct)

Moderate Age of Criminal Responsibility

Minor Age of Criminal Responsibility

Maximum Age of Criminal Responsibility

Which view primarily focuses on the individual rights of children in determining MACR?

Politicized view

Rights-based view (correct)

Legal view

Policy view

What principle is NOT typically associated with the MACR in relation to the criminal justice system?

Deterrence for Minors (correct)

Child Autonomy

Public Safety

Justice for Victims

Which of the following is a consequence of defining a MACR?

Legal accountability for minors Signup and view all the answers

What is a significant consideration when discussing the reform of the law on MACR in England and Wales?

Balancing public safety and children's rights Signup and view all the answers

What is the Minimum Age of Criminal Responsibility (MACR) as defined by current law?

10 years Signup and view all the answers

How many children were given custodial sentences according to the latest youth justice statistics?

544 Signup and view all the answers

Which of the following is NOT a reason for using the MACR in critique?

Current crime rates of adults Signup and view all the answers

What was the age of criminal responsibility in British common law around the 15th Century?

7 years Signup and view all the answers

Which act amended the age of criminal responsibility to 10 years?

Children and Young Persons Act 1933 Signup and view all the answers

According to statistics, how many children in court were reported up to March 2023?

8,306 Signup and view all the answers

What is a key argument against maintaining a higher MACR?

It ignores the low number of children affected. Signup and view all the answers

What constitutes 'harassment, alarm or distress' in relation to the MACR?

Behavior exceeding parental control Signup and view all the answers

What is the primary focus of the law regarding the minimum age of criminal responsibility in England and Wales?

To establish the minimum age at which children can be held criminally responsible Signup and view all the answers

Which of the following perspectives is NOT emphasized in the critique of the minimum age of criminal responsibility?

Cultural perspective Signup and view all the answers

What is one significant reason for the changing legal framework surrounding the minimum age of criminal responsibility?

A shift in societal views regarding the culpability of children Signup and view all the answers

Which of the following is NOT a learning outcome for the case study on children's criminal responsibility?

To summarize law reforms related to the MACR Signup and view all the answers

How does the case study aim to help students understand the MACR?

By providing historical context regarding the development of juvenile justice Signup and view all the answers

What aspect of the law concerning children and criminal responsibility is subject to critical evaluation?

The rationality of extending criminal responsibility to younger ages Signup and view all the answers

Which statement reflects a common argument for reforming the minimum age of criminal responsibility?

The MACR should align with other legal adulthood markers. Signup and view all the answers

What is a key critical outcome expected from studying different perspectives on the MACR?

To identify inherent biases in the legal system Signup and view all the answers

What is the raised Minimum Age of Criminal Responsibility (MACR) as proposed by the Children and Young Persons Act 1969?

14 Signup and view all the answers

Under what age is a child conclusively presumed to be doli incapax and can never be held criminally responsible?

10 years Signup and view all the answers

What misconception did the murder of James Bulger contribute to regarding children?

The demonization of children in society Signup and view all the answers

According to the discussed legal framework, which age group is presumed to have adequate capacity for wrongdoing?

Children aged 10 and over Signup and view all the answers

What key provision did the Crime and Disorder Act 1998 abolish concerning children's criminal responsibility?

The rebuttable presumption of criminal law for under 10s Signup and view all the answers

Which of the following statements about doli incapax is true?

To overcome doli incapax, the prosecution must prove the child knew the act was seriously wrong. Signup and view all the answers

What is meant by the term 'buffer zone' in relation to MACR?

It represents the age range where children's legal responsibility is debated. Signup and view all the answers

Which section of the Act establishes that a child under 10 is presumed to be doli incapax?

Section 34 Signup and view all the answers

What was the primary conclusion of the court in C v DPP regarding the presumption of doli incapax?

It should be abolished. Signup and view all the answers

Which argument suggests that the presumption of doli incapax is contrary to common reasoning?

Common sense argument. Signup and view all the answers

What does the practical argument in favor of maintaining the presumption of doli incapax concern?

The inability to gauge a child's moral understanding effectively. Signup and view all the answers

According to the conceptual argument against the presumption of doli incapax, what is seen as 'obscure'?

The differing treatment of children and adults in legal scenarios. Signup and view all the answers

What does the injustice argument criticize about how children are treated under the presumption of doli incapax?

It unfairly targets children from affluent families. Signup and view all the answers

What aspect does the outdated argument focus on regarding the current need for the presumption of doli incapax?

Rehabilitation and well-being of children. Signup and view all the answers

In the critique of the presumption of doli incapax, what emerging evidence is noted regarding children's moral understanding?

Recent neuroscience indicates children may mature faster. Signup and view all the answers

Why does the common sense argument question the presumption of doli incapax in light of current societal views?

It underestimates the moral awareness of children today. Signup and view all the answers

What change did the Crime and Disorder Act 1998 make regarding children aged 10 and over?

It abolished the rebuttable presumption that children could not commit an offense. Signup and view all the answers

According to Lady Justice Smith's comments, what does section 34 chiefly abolish?

Only the presumption of doli incapax. Signup and view all the answers

What is the significance of the term 'mischief' in the context of the Crime and Disorder Act 1998?

It indicates the government's intent to simplify prosecutions against children. Signup and view all the answers

What was the outcome of the House of Lords’ decision in R v T concerning section 34?

It confirmed that section 34 abolished both the presumption and the defense. Signup and view all the answers

What does 'doli incapax' refer to in the context of child criminal law?

The presumption that a child lacks capacity to commit a crime. Signup and view all the answers

What criticism did Sue Bandalli make regarding the abolition of the presumption of doli incapax?

It failed to consider the complexities of child's development. Signup and view all the answers

Which legal concept remains ambiguous after the changes made by section 34?

The ability of children to raise doli incapax as a defense. Signup and view all the answers

What implications did the abolishment of the presumption of doli incapax have on juvenile justice?

It led to increased criminal accountability for children over 10. Signup and view all the answers

Study Notes

Children's Criminal Responsibility in Law

This study focuses on the minimum age of criminal responsibility (MACR) in England and Wales.
The course will explore the relevant laws, the minimum age, changing legal perspectives including academic, judicial, and political viewpoints.
It will also evaluate arguments for reforming the MACR.

Case Study 3 Learning Outcomes

Develop critical understanding of the law regarding the minimum age of criminal responsibility.
Understand how and why the law relating to the minimum age of criminal responsibility has changed over time.
Critique different perspectives (academic, judicial, and political) on the purpose and justifications underpinning the minimum age of criminal responsibility.
Evaluate arguments for reforming the MACR in England and Wales.

Case Study 3 Schedule

Week 8 (November 21st): Lectures 1 & 2 (11am-1pm).
Week 9 (November 28th): Lectures 3 & 4 (11am-1pm).
Week 10 (December 2nd): Workshop on Topic 3 (per timetable).
Week 11 ( December 9th): Tutorial on Topic 3 (per timetable) and revision lecture.

Case Study 3 Lecture Structure

Introduction and Context: Understanding why studying children's criminal responsibility is important, including different viewpoints such as social construction of children and the statistical overview of juvenile crime.
Law on MACR in England & Wales: Detailed explanation of the relevant laws and legislation.
Methods of Determining MACR: Examining how the minimum age is currently determined and critiquing different legal, political, and rights-based perspectives.
Reform of MACR: Evaluating potential reforms and changes, including various arguments and factors that need to be considered.

Minimum Age of Criminal Responsibility (MACR) in England and Wales

The current minimum age of criminal responsibility in England and Wales is 10.
The law is enshrined in the Children and Young Persons Act 1933.

Global Perspective on Criminal Responsibility

Different countries have different minimum ages for criminal responsibility, ranging from 10 to 16.

Statistics on Children's Criminal Activities

Statistics on children, who have been arrested, cautioned, sent to court, and sentenced will be presented in the lectures.
Data also indicates the type of sentencing given to children in different settings.
The statistics illustrate the frequency at which criminal activity occurs from children based on their ages, gender, and location.

Legal Developments of Minimum Age of Criminal Responsibility

Common law, from the 15th century, had a minimum age of 7.
Children and Young Persons Act 1933 defined this age as 8.
Later amendments to the 1933 Act adjusted the minimum age in subsequent enactments to gradually increase to 10.

Prohibition of Criminal Proceedings for Children

Section 4 of the Children and Young Persons Act 1969 states that no child should be charged with any criminal offence during their childhood, except for homicide.
Interpretation Section 70 of the same act details how "child" is defined for this purpose with the age threshold set at 14.

Importance and Tension of the MACR

The Children and Young Persons Act 1969 raised the MACR to 14, but it was never implemented.
This shows tension in defining the maturity of children to understand their actions and legal accountability.

Doli Incapax

The concept of Doli Incapax addresses when a child may not understand or appreciate their actions have legal consequences.
The law assumes the child is capable of understanding the wrong nature of their criminal actions at a certain age.
Historical perspective: Doli Incapax was previously considered a defense that children were considered incapable of committing crimes. This presumption could have been rebutted if the evidence showed that the child understood the inappropriate action.
Current law: The Crime and Disorder Act 1998 abolished the presumption of doli incapax. Children over the age of 10 are held accountable for committing any wrong offenses.
C v DPP (1994) case questioned the relevance of the common law presumption of Doli Incapax.
C (A Minor) v DPP (1996) case highlighted the distinction between the treatment and the punishment of children. The case indicates this should be the responsibility of Parliament.
Arguments in favor of maintaining the presumption of Doli Incapax.
Criticisms and justification for abolishing the Doli Incapax defense.

Critique of the MACR

'Common sense' arguments, for example, question whether children understand the difference between right and wrong.
Practicality of proof is a concern.
The concept of justice for children is another aspect of the critique, questioning whether moral negligence should automatically make a child criminally responsible.

Academic References

There are many academics whose works are highlighted in the lectures. References from these individuals will be helpful to support your understanding of the concepts.

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Description

Test your knowledge on the Minimum Age of Criminal Responsibility (MACR) and its implications in the justice system. This quiz covers key concepts, historical perspectives, and current statistics related to children's legal accountability. Discover how MACR influences children's rights and the criminal justice process.