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The Age of Culpability - Children and the Nature of Criminal Responsibility (Paperback)
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The Age of Culpability - Children and the Nature of Criminal Responsibility (Paperback)
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Why be lenient towards children who commit crimes? Reflection on
the grounds for such leniency is the entry point into the
development, in this book, of a theory of the nature of criminal
responsibility and desert of punishment for crime. Gideon Yaffe
argues that child criminals are owed lesser punishments than adults
thanks not to their psychological, behavioural, or neural
immaturity but, instead, because they are denied the vote. This
conclusion is reached through accounts of the nature of criminal
culpability, desert for wrongdoing, strength of legal reasons, and
what it is to have a say over the law. The centrepiece of this
discussion is the theory of criminal culpability. To be criminally
culpable is for one's criminal act to manifest a failure to grant
sufficient weight to the legal reasons to refrain. The stronger the
legal reasons, then, the greater the criminal culpability. Those
who lack a say over the law, it is argued, have weaker legal
reasons to refrain from crime than those who have a say. They are
therefore reduced in criminal culpability and deserve lesser
punishment for their crimes. Children are owed leniency, then,
because of the political meaning of age rather than because of its
psychological meaning. This position has implications for criminal
justice policy, with respect to, among other things, the
interrogation of children suspected of crimes and the
enfranchisement of adult felons.
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