CHILDREN AND THE LAW
...Delinquency Matters
......Jurisdictional Hearing
.........Findings & Orders
............Capacity to Commit Crimes
 17 Cards On This Topic:
  • All minors over 14 are presumed capable of committing crimes.
  • Substantial evidence supported finding that D knew wrongfulness of his conduct at time of 1975 murder at age 13 yrs 9 mos, whether or not juvenile ct. stated so on record.
  • For W&I 602 petition to be sustained, People must prove by clear & convincing evidence M under age 14 appreciated wrongfulness of conduct at time he engaged in it.
  • "Clear proof" needed to defeat PC 26 presumption that minor under 14 incapable of committing crime is tantamount to clear and convincing evidence.
  • Clear proof must show minor appreciated wrongfulness of conduct.
  • M's competency does not hinge on knowledge of the juv. court system, but whether s/he has sufficient present ability to consult with atty., and has a rational and factual understanding of the proceedings against her/him.
  • Reversal required where juvenile court used wrong standard in determining M's competency.
  • Former rule 1498(d) does not require that M have mental disorder or development disability before juv. court may hold hearing to determine whether, or find after hearing that, M is incompetent to stand trial.
  • That minor D was 11 was only one factor to consider in determining whether he was capable of possessing specific intent to arouse his own sexual desires in Pen. Code §288 (a) violation.
  • 11 yr. old D can violate Pen. Code §288 lewd touching of child under 14 even where D is younger than V.
  • 13-yr old’s acts before and during shooting showed he understood wrongfulness of his conduct, rebutting presumption child under 14 incapable of committing crime.
  • The closer a minor is to age 14, the more likely it is s/he appreciates wrongfulness of his/her acts.
  • Evidence of prior sustained petitions admissible to prove minor’s capacity under Pen. Code §26.
  • Knowledge of wrongfulness may be inferred from method of commission or concealment.
  • Pen. Code §26 presumption of incapacity applies only to chronological, not mental, age.
  • Clear proof of knowledge of wrongfulness of acts sufficient under Pen. Code §26.
  • Minor under age 14 may be declared ward of court for lewd act with another child under age 14.


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