Naughty or Bad: Children and Crime ^☆

Abstract

This chapter examines the differing ways in which the criminal responsibility of children has been understood in English and Australian common law. The doctrine of “doli incapax” has for many centuries worked to establish a presumption in law that children between the ages of around 10 and 14 are incapable of forming criminal intent, unless it can be shown that they are capable of ‘guilty knowledge’ about their actions. In this approach, children are presumed to be ‘naughty’ until it can be shown that they are ‘bad’. However, events such as the murder of James Bulger in 1993 have led to the abolition of the doctrine in the UK, and its questioning in Australia. The chapter will outline how and why the law’s distinction between adults and children in relation to crime has become unstable, and explain the implications of the legal conception of childhood for the sociology of childhood more broadly. It will also explore how a closer look at the history of the doli incapax presumption sheds considerable light on the central and active role played by the judiciary and the legal profession, as opposed to other social and professional groups, in the development of a particular legal construction of childhood.

Citation

van Krieken, R. (2019), "Naughty or Bad: Children and Crime ^☆ ", Victim, Perpetrator, or What Else? (Sociological Studies of Children and Youth, Vol. 25), Emerald Publishing Limited, Leeds, pp. 85-105. https://doi.org/10.1108/S1537-466120190000025006