Under common law, age 7 to 14 is considered what kind of defense?

Under common law, age 7 to 14 is considered what kind of defense?

• A. Complete defense
• B. Rebuttable defense
• C. Not a defense
• D. Absolute defense

Answer: (B)

In common law, there’s a presumption about criminal responsibility for children in that seven-to-14 age range. This is treated as a rebuttable defense: the child is presumed not to be criminally responsible because they’re considered incapable of forming the required intent. But that presumption isn’t absolute. The prosecution can present evidence showing the child did understand the nature of the act or could distinguish right from wrong, or otherwise had the capacity to appreciate the consequences. If the prosecution can overcome the presumption, liability can attach; if not, the child isn’t held accountable. This is not an absolute shield—it's a presumption that can be rebutted.

In common law, there’s a presumption about criminal responsibility for children in that seven-to-14 age range. This is treated as a rebuttable defense: the child is presumed not to be criminally responsible because they’re considered incapable of forming the required intent. But that presumption isn’t absolute. The prosecution can present evidence showing the child did understand the nature of the act or could distinguish right from wrong, or otherwise had the capacity to appreciate the consequences. If the prosecution can overcome the presumption, liability can attach; if not, the child isn’t held accountable. This is not an absolute shield—it's a presumption that can be rebutted.