Relevant bibliographies by topics / Doli incapax

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  1. Journal articles
  2. Dissertations / Theses
  3. Book chapters

Academic literature on the topic 'Doli incapax'

Author: Grafiati
Published: 4 June 2021
Last updated: 16 February 2022

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Journal articles on the topic "Doli incapax"

1

Crofts, Thomas. "Children: Doli Incapax." Journal of Criminal Law 72, no. 1 (February 2008): 8–10. http://dx.doi.org/10.1350/jcla.2008.72.1.468.

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2

Smith, A. T. H. "Doli Incapax Under Threat." Cambridge Law Journal 53, no. 3 (November 1994): 426–28. http://dx.doi.org/10.1017/s0008197300080727.

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Crofts, Thomas. "The common law influence over the age of criminal responsibility – Australia." Northern Ireland Legal Quarterly 67, no. 3 (September 16, 2016): 283–300. http://dx.doi.org/10.53386/nilq.v67i3.118.

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This article explores how Australian jurisdictions came to have an approach to the age of criminal responsibility similar to that which existed in England and Wales until 1998. It discusses recent debates in Australia about reforming the minimum age of criminal responsibility and the presumption of doli incapax. This shows that while there has been criticism of the presumption of doli incapax within Australia no jurisdiction has taken the English step of abolishing it. It finds that a greater challenge to the presumption of doli incapax may, however, come from calls for an increase in the minimum age of criminal responsibility to the age of 12. While several common law countries have raised the minimum age level to 12 (as called for by the UN Committee on the Rights of the Child), they have also abolished the presumption of doli incapax, thus reducing protection for 12- and 13-year-olds. This article argues that unless the minimum age of criminal responsibility is raised to 14 or 16, as preferred by the UN Committee, there are good reasons to retain the presumption of doli incapax.
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Wortley, Natalie. "No Defence of Doli Incapax." Journal of Criminal Law 73, no. 4 (August 2009): 305–9. http://dx.doi.org/10.1350/jcla.2009.73.4.579.

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5

Fitz-Gibbon, Kate, and Wendy O'Brien. "A Child’s Capacity to Commit Crime: Examining the Operation of Doli Incapax in Victoria (Australia)." International Journal for Crime, Justice and Social Democracy 8, no. 1 (February 19, 2019): 18–33. http://dx.doi.org/10.5204/ijcjsd.v8i1.1047.

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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.
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Crofts, Thomas. "Reforming the age of criminal responsibility." South African Journal of Psychology 46, no. 4 (August 2, 2016): 436–48. http://dx.doi.org/10.1177/0081246316640116.

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This article discusses the age at which criminal responsibility should begin and whether there is still a need for the rebuttable presumption of doli incapax. It clarifies the various meanings given to the concept of the age of criminal responsibility and considers its importance. Some common law countries have moved away from the traditional position of a minimum age level of 7 years and a rebuttable presumption of doli incapax from 7 years until 14 years. In doing so, there has been a tendency to raise the minimum age of criminal responsibility to 12 years and abolish the rebuttable presumption of doli incapax. After analysising these changes, the article argues that there is still a place for this presumption unless and until the minimum age of criminal responsibility is raised to the level preferred by the United Nations Committee on the Right of the Child.
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7

Crofts, Thomas. "Rebutting the Presumption of Doli Incapax." Journal of Criminal Law 62, no. 2 (April 1998): 185–93. http://dx.doi.org/10.1177/002201839806200208.

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8

Urbas, Gregor, and Michael Harris. "Children in the Criminal Justice System: the High Court Cases of GW and RP." Victoria University Law and Justice Journal 7, no. 1 (June 11, 2018): 14–21. http://dx.doi.org/10.15209/vulj.v7i1.1046.

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In two decisions handed down in 2016, the High Court of Australia considered legal measures designed to deal with children in the criminal justice system in an age-appropriate manner. The first case, The Queen v GW, was a prosecution appeal involving the unsworn evidence of a child witness. In this decision, the High Court reviewed the common law and statutory background to unsworn evidence, and gave important guidance on the proper approach to dealing with such evidence in proceedings. The second case was RP v The Queen, which involved the criminal responsibility of a child defendant, and in particular the application of the doli incapax presumption. In this decision, the High Court reviewed the common law background to doli incapax, and gave guidance on its application in criminal proceedings. This commentary discusses both cases and the principles underlying the High Court’s reasoning.
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Howard, Helen, and Michael Bowen. "Unfitness to Plead and the Overlap with Doli Incapax: An Examination of the Law Commission's Proposals for a New Capacity Test." Journal of Criminal Law 75, no. 5 (October 2011): 380–90. http://dx.doi.org/10.1350/jcla.2011.75.5.727.

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The Law Commission published Consultation Paper No. 197 in October 2010 on unfitness to plead. This article will focus on the relationship between the proposed capacity test and the abolition of the defence of doli incapax for children aged 10 or above.
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Bandalli, Sue. "Abolition of the Presumption of Doli Incapax and the Criminalisation of Children." Howard Journal of Criminal Justice 37, no. 2 (May 1998): 114–23. http://dx.doi.org/10.1111/1468-2311.00084.

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Dissertations / Theses on the topic "Doli incapax"

1

Malan, Lizani. "A review of the minimum age of criminal capacity and the presumption of doli incapax." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/27772.

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This dissertation deals with the minimum age of criminal capacity (which is currently set at 10 years in terms of the Child Justice Act 75 of 2008). It deals in particular with the question of whether the minimum age of criminal capacity should be raised and if so, whether the presumption of doli incapax should be retained. A consideration of the relevant international instruments shows that the situation as it currently stands in South African law is not internationally acceptable. South Africa is failing to comply with the obligations which it incurred through the ratification of the United Nations Convention on the Rights of the Child and with the current international practice pertaining to the minimum age of criminal capacity. The current minimum age of criminal capacity is simply too low. The question of whether the presumption of doli incapax should be retained is also dealt with. The problems that are being experienced by its application in practice (inter alia the difficulties in the assessment of criminal capacity by mental health professionals and the possibility of an over reliance on prosecutorial discretion) leads to the conclusion that the “protective mantle” which the presumption was intended to provide no longer exists. Copyright
Dissertation (LLM)--University of Pretoria, 2011.
Private Law
unrestricted
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2

Ramages, Kelly-Anne. "Investigating the minimum age of criminal responsibility in African legal systems." Thesis, University of the Western Cape, 2008. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4999_1259563406.

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The following thesis investigates the MACR in African Legal Systems. The MACR is the youngest age at which children in conflict with the law find themselves caught up in the harsh realities of the criminal justice system. Up until recently, debates around fixing a MACR had been successfully side-stepped since the adoption of the UNCRC in 1989. The UNCRC has provided for human rights for children on a global scale while the ACRWC provides for such rights regionally. Contracting States Parties to these treaties agree that there needs to be a MACR in place and have adopted a childrens rights-based framework for reviewing their current child laws, policies and practices in accordance with the minimum standards provided. They do not however, agree on what the fixed minimum age should be..."

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3

Badenhorst, Charmain. "Criminal capacity of children." Thesis, 2006. http://hdl.handle.net/10500/897.

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In this project the various International Instruments, namely the United Nations Convention of the Rights of the Child; 1989, the Beijing Rules and the African Charter, relating to the guidelines of the establishment of a minimum age for criminal capacity are furnished. The developments regarding the issue of criminal capacity since 1998 in Australia, the United Kingdom and Hong Kong are highlighted. The historical position and the current position in South African law with regard to the issue of criminal capacity are discussed as well as the implementation thereof by our courts. The statistics on children under 14 years in prison over the past five years are furnished. The introduction of the Child Justice Bill, 2002 by Parliament and the deliberations following the introduction, focusing on the issue of criminal capacity is highlighted. The proposed provisions of the Child Justice Bill, 49 of 2002 codifying the present common law presumptions and the raising of the minimum age for criminal capacity are furnished. The evaluation of criminal capacity and the important factors to be assessed are discussed as provided for in the Child Justice Bill, 49 of 2002. A practical illustration of a case where the criminal capacity of a child offender was considered by the court is, discussed and other important developmental factors that should also be taken into consideration by the court are identified and discussed. Important issues relating to criminal capacity, namely, time and number of assessments, testimonial competency of the child offender, evolving capacities and age determination are discussed and possible problems identified and some solutions offered. The research included an 11-question questionnaire to various professionals working in field of child justice regarding the issue of criminal capacity and the evaluation thereof.
Criminal and Procedural law
D.Litt. et Phil. (Criminology)
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Book chapters on the topic "Doli incapax"

1

"ABOLISHING THE PRESUMPTION OF DOLI INCAPAX: REFLECTIONS ON THE DEATH OF A DOCTRINE." In Youth Justice: Theory & Practice, 105–28. Routledge-Cavendish, 2012. http://dx.doi.org/10.4324/9781843140290-12.

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Journal articles
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