Infancy
Infancy: a defense based on a child's age. Children below a certain age are presumed incapable of forming criminal mens rea.
Common Law Presumptions
- Under 7: conclusively presumed incapable of committing a crime.
- 7 to 14: rebuttable presumption of incapacity. Prosecution may rebut with evidence the child knew right from wrong.
- 14 and over: treated as adults (CL).
Modern Approach
- Most states have superseded CL with juvenile-justice statutes that handle children differently—juvenile court jurisdiction up to 17 or 18, with procedures emphasizing rehabilitation.
- Statutory schemes for transfer to adult court for serious offenses.
Why Infancy Excuses
- Lack of moral and cognitive development.
- Inability to appreciate the nature and consequences of conduct.
- Public-policy preference for rehabilitation.
Cases:
- In re Devon T., 584 A.2d 1287 (Md. Ct. Spec. App. 1991) — applying the rebuttable presumption.