The Criminal Responsibility of Children and Young Persons A Comparison of English and German Law

This title was first published in 2002. Using a comparative and historical analysis of the relevant law and practice in England and Germany, this incisive volume examines the issue of whether there is still a need in modern society for an individual assessment of the criminal responsibility of children and young persons. After finding that the evidence suggests that there is a need, the author addresses the question of how these special rules could best be formulated and applied in practice. The book provides a thorough and comprehensive approach to this highly controversial issue, critically evaluating the recent abolition of the presumption of doli incapax in England and also providing valuable material on the German Law in this area.

Contents: Introduction. England: Historical development of the criminal liability of the young; Presumption of Doli Incapax: how it functioned; Abolition of the Doli Incapax presumption: reasons and consequences. Germany: Historical development of the criminal liability of the young; § 3 Youth Court Act: how it functions; Excursus: measures which may follow the criminal act; Evaluation of § 3 Youth Court Act: criticisms and reform. Comparative Analysis: Historical development; The individual test of criminal responsibility; Conclusion; Bibliography; Index.