A child’s capacity to commit crime

Examining the operation of doli incapax in Victoria (Australia)

Research output: Contribution to journalReview ArticleResearchpeer-review

Abstract

The rebuttable presumption of doli incapax is available in all Australian states and territories and provides that, where a child is unable to comprehend the distinction between actions that are ‘seriously wrong’ and those that are ‘naughty or mischievous’, they cannot be held criminally responsible for their actions. Despite the key role that doli incapax should play in diverting the youngest offenders away from the criminal justice system, its operation to date has been largely unexamined. This article seeks to directly address this gap. Drawing on the experiences of those involved in all aspects of the youth justice system, this article examines the need for, and the effectiveness of, the presumption of doli incapax in Victoria, Australia. Revealing inconsistencies in the use of the presumption, the article also examines the need for future reform of this area of law.

Original languageEnglish
Pages (from-to)18-33
Number of pages16
JournalInternational Journal for Crime, Justice and Social Democracy
Volume8
Issue number1
DOIs
Publication statusPublished - 2019

Keywords

  • doli incapax
  • law reform
  • child offenders
  • juvenile justice
  • youth justice system
  • criminal justice system
  • criminal responsibility

Cite this

@article{43d6f53212d847f2817f6c0759b20091,
title = "A child’s capacity to commit crime: Examining the operation of doli incapax in Victoria (Australia)",
abstract = "The rebuttable presumption of doli incapax is available in all Australian states and territories and provides that, where a child is unable to comprehend the distinction between actions that are ‘seriously wrong’ and those that are ‘naughty or mischievous’, they cannot be held criminally responsible for their actions. Despite the key role that doli incapax should play in diverting the youngest offenders away from the criminal justice system, its operation to date has been largely unexamined. This article seeks to directly address this gap. Drawing on the experiences of those involved in all aspects of the youth justice system, this article examines the need for, and the effectiveness of, the presumption of doli incapax in Victoria, Australia. Revealing inconsistencies in the use of the presumption, the article also examines the need for future reform of this area of law.",
keywords = "doli incapax, law reform, child offenders, juvenile justice, youth justice system, criminal justice system, criminal responsibility",
author = "Fitz-Gibbon, {Kate Esther} and Wendy O'Brien",
year = "2019",
doi = "10.5204/ijcjsd.v8i1.1047",
language = "English",
volume = "8",
pages = "18--33",
journal = "International Journal for Crime, Justice and Social Democracy",
issn = "2202-7998",
number = "1",

}

A child’s capacity to commit crime : Examining the operation of doli incapax in Victoria (Australia). / Fitz-Gibbon, Kate Esther; O'Brien, Wendy.

In: International Journal for Crime, Justice and Social Democracy, Vol. 8, No. 1, 2019, p. 18-33.

Research output: Contribution to journalReview ArticleResearchpeer-review

TY - JOUR

T1 - A child’s capacity to commit crime

T2 - Examining the operation of doli incapax in Victoria (Australia)

AU - Fitz-Gibbon, Kate Esther

AU - O'Brien, Wendy

PY - 2019

Y1 - 2019

N2 - The rebuttable presumption of doli incapax is available in all Australian states and territories and provides that, where a child is unable to comprehend the distinction between actions that are ‘seriously wrong’ and those that are ‘naughty or mischievous’, they cannot be held criminally responsible for their actions. Despite the key role that doli incapax should play in diverting the youngest offenders away from the criminal justice system, its operation to date has been largely unexamined. This article seeks to directly address this gap. Drawing on the experiences of those involved in all aspects of the youth justice system, this article examines the need for, and the effectiveness of, the presumption of doli incapax in Victoria, Australia. Revealing inconsistencies in the use of the presumption, the article also examines the need for future reform of this area of law.

AB - The rebuttable presumption of doli incapax is available in all Australian states and territories and provides that, where a child is unable to comprehend the distinction between actions that are ‘seriously wrong’ and those that are ‘naughty or mischievous’, they cannot be held criminally responsible for their actions. Despite the key role that doli incapax should play in diverting the youngest offenders away from the criminal justice system, its operation to date has been largely unexamined. This article seeks to directly address this gap. Drawing on the experiences of those involved in all aspects of the youth justice system, this article examines the need for, and the effectiveness of, the presumption of doli incapax in Victoria, Australia. Revealing inconsistencies in the use of the presumption, the article also examines the need for future reform of this area of law.

KW - doli incapax

KW - law reform

KW - child offenders

KW - juvenile justice

KW - youth justice system

KW - criminal justice system

KW - criminal responsibility

UR - http://www.scopus.com/inward/record.url?scp=85062552123&partnerID=8YFLogxK

U2 - 10.5204/ijcjsd.v8i1.1047

DO - 10.5204/ijcjsd.v8i1.1047

M3 - Review Article

VL - 8

SP - 18

EP - 33

JO - International Journal for Crime, Justice and Social Democracy

JF - International Journal for Crime, Justice and Social Democracy

SN - 2202-7998

IS - 1

ER -