Criminal Law · defense
The infancy defense is based on the principle that children, typically under the age of 7, lack the emotional and cognitive development to form the requisite intent for criminal liability. The age at which a child is considered incapable of criminal responsibility may vary by jurisdiction and is intended to recognize the differing capabilities of minors in understanding the nature and consequences of their actions.
The age at which the defendant committed the alleged crime must be established to invoke the infancy defense.
What to prove: It must be shown that the defendant was below the statutory age threshold established by the applicable jurisdiction, which often is set at 7 years old or varies based on different jurisdictions.
The defendant must be demonstrated to lack the capacity to understand the nature and consequences of their actions.
What to prove: Evidence must illustrate that the defendant could not comprehend the difference between right and wrong at the time of the offense, often requiring psychological evaluations.
The defendant has the burden of proof, and the standard applied is typically a preponderance of the evidence.
The infancy defense may appear on exams in questions about juvenile justice or when differentiating between criminal liability for minors and adults. Pay attention to the specific age thresholds and capacity considerations.