Nobody downloaded yet

Critically examine the abolition of doli incapax - Essay Example

Comments (1) Cite this document
Summary
In Europe, the countries with the lowest ages at which children can be deemed criminally responsible for their actions are England and Wales. In England, the law that prevented children under a certain age from being criminally responsible for their actions was called Doli Incapax…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.4% of users find it useful
Critically examine the abolition of doli incapax
Read TextPreview

Extract of sample "Critically examine the abolition of doli incapax"

Download file to see previous pages however, this law was abolished in 1988 when the rebuttable presumption of Doli Incapax for minors between the ages of 10 and 14 was nullified by section 34 of the Crime and Disorder Act 1998 (CDA 1988). The presumption of Doli Incapax was that children below a certain age are incapable of guilt since they do not understand he implications and consequences of their actions, even if criminal in nature. After the abolition of Doli Incapax, there have been calls for England to increase the age of criminal responsibility for children. The abolition of the presumption of Doli Incapax effectively means that children between the ages of 10 and 14 can be taken to court, charged and found to have criminal responsibility (Gavadino, 1997). More recently, there have been hopes that CDA 98 abolished only the presumption of Doli Incapax but not the whole doctrine of the law. This came up in DPP v P (2007), where the question whether CDA abolished the underlying doctrine of Doli Incapax or the presumption. However, this hope was later reduced by the Court of Appeal, who, in R v T (2008), held that CDA 1998 abolished the whole doctrine of Doli Incapax. It should be noted that England lags behind all other European countries at the age set for acceptance of criminal responsibility. In other European countries, despite the lack of a common age for criminal responsibility, all the other countries still have a higher age than in England. According to the Council of Europe’s Commission for human Rights, most of the European countries have a criminal responsibility age of between twelve years and sixteen of fifteen years. The low age of criminal responsibility in England does not also prevent the welfare approach to children over the age of 10 years. In this case, there have been myriad concerns that the abolition of the minimum age for Doli Incapax in England has given rise to more children being detained for small crimes and for longer periods than before the presumption was abolished. The Council of Europe for Human Rights also notes that if the presumption or defense of Doli Incapax were recognized in England, there would be more protection of children from small criminal actions and aligns the law in England with the laws in other countries. The efforts of the decision in DPP v P (2007) in trying to uphold the presumption of Doli Incapax were not enough to prove the existence of the presumption (Stone, 2010). Therefore, the subsequent decision of the Court of Appeal in the case of R v T was expected to a certain extent. Because of the defense of Doli Incapax being effectively removed, this analysis will focus on whether the presumption or defense of Doli Incapax should have been abolished initially, and if the government should be pressured by other groups to reinstate the law. This is done by tracing the concept of Doli Incapax, and the events that led to its abolition. The special treatment of children under law is not a new concept. In England, this defense can be traced as far back as the reign of King Ine in 688 AD through to the reign of other Kings between then and 925 Ad. For example, in 925 Ad and thereabouts, only children over the age of 12 would be prosecuted if the value of the stolen items were more than 8 pence. This indicates that the presumption of Doli Incapax existed from this period and lasted to the current abolition of the defense and presumption. However, it should be noted that in England at this time, there were distinct age levels at which the presumption could be upheld. Even though these age level structures could not be defined, it should be noted that there was a minimum age at which a child could absolutely not be prosecuted for crimes, where the defense was that the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Critically examine the abolition of doli incapax Essay”, n.d.)
Retrieved de https://studentshare.org/law/1398572-critically-examine-the-abolition-of-doli-incapax
(Critically Examine the Abolition of Doli Incapax Essay)
https://studentshare.org/law/1398572-critically-examine-the-abolition-of-doli-incapax.
“Critically Examine the Abolition of Doli Incapax Essay”, n.d. https://studentshare.org/law/1398572-critically-examine-the-abolition-of-doli-incapax.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
fw
fwalsh added comment 10 months ago
Student rated this paper as
The topic of "Critically examine the abolition of doli incapax" is quite popular among the assignments in university. Still, this text opens a new perspective of seeing the question. I’ll use the idea for my own sample.

CHECK THESE SAMPLES OF Critically examine the abolition of doli incapax

The Abolition Movement

...?During the Colonial Era, the Quakers single-handedly emphasized that “slavery was contrary to Christian values (Ottawa Citizen, 2006).” Then during the 1780s, the Pennsylvania Abolition Society and the Virginia Abolition Society were established with the main purpose of slowly eradicating slavery through legislative action and setting slaves uninhibited freedom. The start of the American Abolitionist Movement happened in 1831 when William Lloyd Garrison began circulating the abolitionist newspaper Liberator, which promoted the instant abolition of slavery, and the full equal rights for all African-Americans (Ottawa Citizen, 2006). After sometime, the American Abolitionist Movement...
1 Pages(250 words)Essay

Identify and Critically examine PERSONALISATION

...?Running Head: Personalisation of Social Care Identifying and Critically Examining Personalisation of Social Care: Challenges of Commissioning Mentally Ill and Disabled Service Users Name Course Title Name of Professor Date of Submission Introduction The framework of ‘personalisation’ has been successful in dominating the domain of social work in the UK in just a matter of time. It is claimed that this sudden gain of prominence is brought about mainly by its similarity with major concerns of New Labour discourses, such as accountability, individualisation, and risk transfer (Gardener, 2011). It is assumed that, as long as it ignores the prevalence of discrimination, inequality, and poverty, recognises the...
20 Pages(5000 words)Essay

Critically examine the media regulation in Russia

...monopoly over controlled media, politics and culture (Read, 2012). This group came into the lime light after being prohibited to perform at the Cathedral of Christ the Saviour in Moscow in February 21st, 2012 (Read, 2012). Their actions to perform at a holy place were condemned by the officials of the church. As a result, the performers not only made the music video under the title of “Punk Prayer-Mother of God, Chase Putin Away!” but they also published it online within hours of the dispute (Read, 2012). Their action sparked outrage nationwide. In their video, they criticized the officials of Church in discriminatively supporting Putin during the times of election. All the five members of the group were charged for...
4 Pages(1000 words)Assignment

Abolition

...?Abolition Table of Contents Table of Contents 2 Introduction 3 Early stages 3 Voices of abolitionists 6 Immediate Abolition 7 Morality and Religion 8 Conclusion 8 List of References 8 Introduction Abolitionism was an ideology operating on the doctrine of ending slavery. Various activities supported this principle aimed at achieving that goal. The concept is historical because all countries in the world have abolished slavery, as many international organizations among them the United Nations require member countries to ratify abolitionism. Abolitionism was a major reform movement in the eighteenth and nineteenth centuries. The doctrine to end slavery was to free millions of black people detained and used...
6 Pages(1500 words)Research Paper

Abolition of Capital Punishment

...Abolition of Capital Punishment Capital punishment, also known as the death penalty, is the sentence passed in a court of law where the life of a person found guilty of a heinous crime would be legally pre-terminated by the State at a certain point in time. Whether capital punishment should be upheld or abolished has been one of the most contentious issues in the justice system, not only in America but all over the world. On one side of the controversy are those who support it because they find the death penalty a just and effective punishment that has deterred and would continue to discourage people from committing heinous crimes (Tucker, 2003). On the other side are those that the first side calls the "abolitionists",...
9 Pages(2250 words)Essay

Abolition in the US

...ABOLITIONISM IN THE US 2007 ABOLITIONISM IN THE US Historically, the concerns over civil rights have much to do with the ongoing effortsto eliminate inferior legal status of the minorities, and particularly African Americans in the US. The first step on this unbelievably long and difficult route was abolition of slavery. The origins of abolitionist movement in the US can be traced back to the late 18th century: the American and French revolutions that occurred at that time separated by only a decade played the key role in its onset and further development. Both revolutions strongly relied on the concepts of equality between people and their right to live free and the protestant Christian morality (Wood, 1998; Doyle,...
2 Pages(500 words)Essay

Ethics, Abolition of Man

...The Abolition of Man: An Ethical Analysis The book by C.S. Lewis, the Abolition of Man, is the main focus of the study undertaken. The said work is a notable description of the nature of man expressed in the political, religious and philosophical aspects. Values are included in the main points that the book presented. There are different parts are worthy of analysis. In chapter two, The Way, is related to the establishment of values and setting up of new traditions. Basically, the author explained that in the even of setting up of new values, people have the notion that such values cannot be related to the traditional morality when in fact when new values are established, the person himself...
5 Pages(1250 words)Essay

Abolition

...Abolition ABOLITION Abolition movement, also known as anti-slavery movement was meant to end the slavery experienced by peopleof African descent in America and Europe. It was also aimed at ending the slavery trade conducted through the continents of Africa, America and Europe the continents surrounding the Atlantic Ocean. This paper describes the movement and methods used in the process of abolition. The Christians in American were determined to end slavery because they viewed it as a form of human bondage. Slavery in most cases resulted in the slaves killing themselves or their employer. In particular, the American Anti-Slavery movement, formed in the year 1932 was...
1 Pages(250 words)Essay

From the Abolition of Work

...is a total abhorrence as it attempts to incite employers against tyrant employers. For people who dislike work due to its constancy and intransigence, the work would be entertained as it advocates for adjustment of work to make it less rigid. Something about Blacks essay that interests me is his intrepid criticism of works by pro-workers. He openly ridicules works and perspectives of pro-workers and supports those by anti-workers. He depicts pro-works as utopian economists. His simple but ingenuousness elucidation of work as a yoke used to incarcerate people is quite appealing. Bob Black is clearly brilliant author endowed with ideas (Black Web 1). Works Cited Black, Bob. The Abolition of Work. The...
2 Pages(500 words)Book Report/Review

The Abolition of Man

...Question 1: Lewis’ argument Based on the argument by Lewis derived from the book ‘The abolition of man,” it is clear that the main argument Lewis was putting forth is the assumption of judgment. According to Lewis, all value judgments were generally subjective (Smilde 2). In this context Lewis further argues that judgment made do not always reflect the objective reality (Smilde 2). 1. In support of the argument, for sure humans do not make judgment that represents the objective reality. The best examples are the authors of English text books for upper forms of schools. Most authors do say “We often appear to be saying something very important about the other thing but actually we are saying something about our own...
2 Pages(500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Critically examine the abolition of doli incapax for FREE!

Contact Us