The Criminal Responsibility of Children and Young Persons: A Comparison of English and German Law / Edition 1

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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.

Author Biography: Thomas Crofts, Murdoch University School of Law, Perth, Western Australia

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Product Details

  • ISBN-13: 9780754622659
  • Publisher: Ashgate Publishing, Limited
  • Publication date: 7/1/2002
  • Edition number: 1
  • Pages: 270
  • Product dimensions: 6.14 (w) x 8.78 (h) x 0.79 (d)

Table of Contents

Abbreviations and Translations
Introduction 1
I England
1 Historical Development of the Criminal Liability of the Young 5
2 Presumption of Doli Incapax: How it Functioned 37
3 Abolition of the Doli Incapax Presumption: Reasons and Consequences 65
II Germany
4 Historical Development of the Criminal Liability of the Young 93
5 [section] 3 Youth Court Act: How it Functions 129
6 Excursus: Measures Which May Follow the Criminal Act 167
7 Evaluation of [section] 3 Youth Court Act: Criticisms and Reform 177
III Comparative Analysis
8 Historical Development 209
9 The Individual Test of Criminal Responsibility 219
Conclusion 245
Bibliography 249
Index 265
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