Think Foley's
S5 Episode 6: The Presumption of Doli Incapax - What It Means for a Child to Know Their Actions are Seriously Morally Wrong
Mar 6, 2024
Legal expert Sharon Lacy S.C. and forensic expert Hetty de Crespigny discuss doli incapax in children, exploring complexities of forensic decisions, human rights implications, and a real-life trial example. They delve into child criminal responsibility, moral reasoning, human rights implications, and challenges in the legal system, advocating for reform proposals to improve decision-making for children.
01:00:22
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Quick takeaways
- Doli Incapax considers a child's understanding of right and wrong for criminal responsibility.
- Brain development and societal perspectives shape the assessment of a child's criminal responsibility.
Deep dives
Understanding Doli Incapax in Criminal Law
Doli Incapax pertains to a child's capability to understand the seriousness of their actions. The legal premise is based on the child's ability to comprehend right from wrong. The law sets distinct age brackets like under 14 in Victoria and involves intricate considerations of a child's moral development. Courts rely on evidence to establish if a child knew their actions were morally wrong.
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