Santa Cruz Criminal Defense Blog 2015 September Presumptions in Juvenile Court Previous Post | Next Post Presumptions in Juvenile Court Posted By The McGuire Law Corporation || 3-Sep-2015 In California there is a presumption that children under the age of 14 are incapable of committing crimes. However, that presumption can be rebutted by the Prosecutor. Pursuant to Penal Code Section 26, a 12 year old can be found capable of committing a crime upon showing by the Prosecution of clear proof he or she knew the wrongfulness of the act the minor is alleged to have committed. Whether a minor has the capacity to committ a crime is a different question from whether that minor actually committed the crime. The Prosecutor has to show clear proof and needs to prove the allegations beyond a reasonable doubt to the trier of fact. Categories: Juvenile Delinquency Proceedings, Minors and the Law Share Post
Santa Cruz Criminal Defense Blog 2015 September Presumptions in Juvenile Court Previous Post | Next Post Presumptions in Juvenile Court Posted By The McGuire Law Corporation || 3-Sep-2015 In California there is a presumption that children under the age of 14 are incapable of committing crimes. However, that presumption can be rebutted by the Prosecutor. Pursuant to Penal Code Section 26, a 12 year old can be found capable of committing a crime upon showing by the Prosecution of clear proof he or she knew the wrongfulness of the act the minor is alleged to have committed. Whether a minor has the capacity to committ a crime is a different question from whether that minor actually committed the crime. The Prosecutor has to show clear proof and needs to prove the allegations beyond a reasonable doubt to the trier of fact. Categories: Juvenile Delinquency Proceedings, Minors and the Law Share Post