Revision

Question 1

what is the MACR

Answer 1

children under 10 cannot be arrested

children between 10-18 are arrested but as a youth

Question 2

what is criminal responsibility

Answer 2

The act and the guilty mind

Question 3

what is actus reus

Answer 3

the act

Question 4

what is mens rea

Answer 4

a guilty mind

Question 5

what is the guilty mind?

Answer 5

knowing something is criminally wrong

Question 6

children under the age of 10 are what?

Answer 6

doli incapax

Question 7

what is doli incapax

Answer 7

incapable of evil

Question 8

is children are doli incapax then they are incapable of what?

Answer 8

mens rea

Question 9

YES

House of Lords 2003

Answer 9

the MACR in England and Wales is difficult to understand” at is it “so out of line with prevailing practice in Europe”

Question 10

YES

Bernberg and Kronn 2003

Answer 10

Contact with the YJS reduces the likelihood that they will complete their education, obtain qualifications and gives them less employment prospects

Question 11

YES

Bateman 2012

Answer 11

lowest MACR is usually associated with highest rates of youth imprisonment

Question 12

YES

McAria and McVie 2007

Answer 12

The deeper that children and young people penetrate the YJS, the more “damaged” they are likely to become and less likely to desist.

Question 13

YES

the royal society, 2011

Answer 13

children are more likely to take risks

Question 14

YES

piaget theory

Answer 14

the 2 final stages which involve development of logical thoughts and beginning of abstract reasoning is age 12 and up

Question 15

YES

adams et al 2996

Answer 15

testosterone is much higher in adolescence and is associated with aggression

Question 16

Baird et al 2005

Answer 16

adolescence represent a phase of increased impulsivity, sensation seeking and risk-taking behaviour

Question 17

YES
teicher 2002
kieh et al 2001

Answer 17

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.

Question 18

securing immunity from prosecution should be the principle driver for raising MACR

Answer 18

Goldson 2013

Question 19

Childhood and the experience of being a child is to a great extent, socially constructed

Answer 19

Goldson 2013

Question 20

Child offenders have been ‘ascribed’ with levels and forms of responsibility normally reserved for adults

Answer 20

Goldson 2013

Question 21

childhood is no longer regarded as a ???????? but rather a ??????? that changes through time

Answer 21

biologically fixed and static state of being
moving image
aries 1962

Question 22

Jeff and Smith 1996

Answer 22

it is a ‘widespread belief’ that children and young people are in some way turning ‘ferel’

Question 23

Jenks 1996

Answer 23

child offenders are removed from the category of child

Question 24

what did michael howard describe children as…

Answer 24

“offenders as adults in everything but years” who would not be allowed to use age as an excuse for “immunity from effective punishment”

Question 25

Children that offend are challenging which 4 ideas?

Answer 25

temporal distinction special nature innocence vulnerability

Question 26

what does temporal distinction mean

Answer 26

children are less capable of committing crimes because they are littler and younger

Question 27

what does children having a special nature mean

Answer 27

they are different to adults

Question 28

what does it mean by children are innocent and vulnerable

Answer 28

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

Question 29

when is peak onset of crime?

Answer 29

8-14

Question 30

what are the 2 ways of conceptualising criminal responsibility in children?

Answer 30

criminal capacity/intention (mens rea) | appropriateness

Question 31

conceptualising criminal responsibility in children | what is criminal capacity/intention

Answer 31

the age at which they establish right and wrong, there are 2 core elements to this; cognitive- child has capacity to understand what the law requires them to do and not to do. And have the ability to comprehend the nature and consequence of any act committed volitional- the capacity to exercise full control over their behviour

Question 32

conceptualising criminal responsibility in children | what is appropriateness

Answer 32

whether is it appropriate to expose the child to the formal justice system as means of addressing their criminal behaviour