MBE Rules · Criminal Law
Infancy
Infancy
The rule
At common law children under seven were conclusively incapable of crime, ages seven to fourteen rebuttably incapable, and fourteen and over treated as adults; modern statutes channel youth to juvenile courts.
In plain English
The rule of infancy establishes that children under the age of seven cannot be held criminally responsible for their actions. For those between seven and fourteen, there is a presumption of incapacity that can be challenged, while individuals fourteen and older are treated as adults in the eyes of the law.
Worked example
A 10-year-old boy steals a candy bar from a store. Under the rule of infancy, he is rebuttably presumed incapable of committing a crime, meaning the prosecution would need to prove he understood the wrongfulness of his actions. Ultimately, he is not held criminally liable.
Memory hook
Under seven, no crime; seven to fourteen, maybe; fourteen and up, adult time!
The trap
Exams may present scenarios where a child's understanding of right and wrong is ambiguous, leading students to misapply the rebuttable presumption of incapacity.
How examiners test it
Questions often involve fact patterns with children committing acts that raise the issue of their age and understanding, prompting candidates to analyze the applicability of the infancy rule.
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