Flashcards in Revision Deck (32)
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1
what is the MACR
children under 10 cannot be arrested
children between 10-18 are arrested but as a youth
2
what is criminal responsibility
The act and the guilty mind
3
what is actus reus
the act
4
what is mens rea
a guilty mind
5
what is the guilty mind?
knowing something is criminally wrong
6
children under the age of 10 are what?
doli incapax
7
what is doli incapax
incapable of evil
8
is children are doli incapax then they are incapable of what?
mens rea
9
YES
House of Lords 2003
the MACR in England and Wales is difficult to understand" at is it "so out of line with prevailing practice in Europe"
10
YES
Bernberg and Kronn 2003
Contact with the YJS reduces the likelihood that they will complete their education, obtain qualifications and gives them less employment prospects
11
YES
Bateman 2012
lowest MACR is usually associated with highest rates of youth imprisonment
12
YES
McAria and McVie 2007
The deeper that children and young people penetrate the YJS, the more "damaged" they are likely to become and less likely to desist.
13
YES
the royal society, 2011
children are more likely to take risks
14
YES
piaget theory
the 2 final stages which involve development of logical thoughts and beginning of abstract reasoning is age 12 and up
15
YES
adams et al 2996
testosterone is much higher in adolescence and is associated with aggression
16
Baird et al 2005
adolescence represent a phase of increased impulsivity, sensation seeking and risk-taking behaviour
17
YES
teicher 2002
kieh et al 2001
maltreatment in children in associated with psychological problems as well as changes in the hypothalamic-pituitary-adrenal axis which can in turn be over or under responsive. Overactivity can result in an increase in impulsive aggression whilst underactivity can result in a lack of empathy, non-responsiveness to punishment and increased aggression.
18
securing immunity from prosecution should be the principle driver for raising MACR
Goldson 2013
19
Childhood and the experience of being a child is to a great extent, socially constructed
Goldson 2013
20
Child offenders have been 'ascribed' with levels and forms of responsibility normally reserved for adults
Goldson 2013
21
childhood is no longer regarded as a ???????? but rather a ??????? that changes through time
biologically fixed and static state of being
moving image
aries 1962
22
Jeff and Smith 1996
it is a 'widespread belief' that children and young people are in some way turning 'ferel'
23
Jenks 1996
child offenders are removed from the category of child
24
what did michael howard describe children as...
"offenders as adults in everything but years" who would not be allowed to use age as an excuse for "immunity from effective punishment"
25
Children that offend are challenging which 4 ideas?
temporal distinction
special nature
innocence
vulnerability
26
what does temporal distinction mean
children are less capable of committing crimes because they are littler and younger
27
what does children having a special nature mean
they are different to adults
28
what does it mean by children are innocent and vulnerable
children are naturally innocent and they are vulnerable by their very nature. they are more likely to be offended against and are the most likely age group to be victims of crime
29
when is peak onset of crime?
8-14
30