Doli incapax is a legal rule originating from English common law that prevents the prosecution of children under 10. It recognizes the lack of maturity and understanding of consequences in young children. Similar principles are still used today in different forms in various countries, with age limits for prosecution varying. The use of such doctrines is based on the fragile developmental state of children and the negative consequences of subjecting them to the criminal justice system. The modern trend is to grant children certain procedural rights of adults while protecting them from the stigma of involvement in the criminal justice system.
Doli incapax is a Latin term which means “incapable of committing a crime”. Legally, doli incapax refers to an English common law rule applied to children. The provision acted as an obstacle to the prosecution of a child under the age of 10.
Developed in the 1600s, the doli incapax rule did not mean that a child under 10 was incapable of the physical act of a crime or of understanding the nature of right and wrong. Instead, he took into consideration the lack of maturity of young children and their inability to fully foresee the consequences of their actions. He then put those actions completely out of the reach of criminal law.
The principles underlying the doli incapax doctrine are still in use today in different forms in countries around the world. In some places, the rule is a legal presumption against prosecution for children between the ages of 10 and 14, rather than an outright ban. It is for the prosecution to prove that the minor acted with the same reasoning as an adult.
Age limits for children to be prosecuted vary by country. The rules governing procedures for children can vary between different jurisdictions within a country such as the United States. However, the underlying principle in the United States and other countries is the recognition that the law must treat children differently from adults. There are many reasons for doing this that are important to both the child and society.
The reasons given for the use of doctrines such as doli incapax have to do with the fragile developmental state of children and the possible negative consequences of subjecting them to the criminal justice system. Given the complexity of the law, one concern is whether a trial for children of a certain age could be considered fair in the way an adult would understand “fair” would mean. Another is that punishment, especially in the form of any kind of physical detention, may simply hide or exacerbate the problems that caused the criminal behavior.
There are some who argue that treating children more like adults is better for the individual child and also for society. They believe children should learn early on that breaking society’s rules has serious consequences. The idea is that the quick consequences would act as a deterrent to future criminal behavior and also dissuade other minors from breaking the law.
The modern trend has been to grant children certain procedural rights of adults while protecting them from the stigma of involvement in the criminal justice system. The juvenile court is a closed proceeding with its records sealed. Minors who commit crimes are “defendants”, not “defendants”. They are “tried offenders,” not “found guilty” of a crime. While there is generally no right to a jury trial, child defendants have the right to legal counsel at every stage of the proceedings.
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