8.10 Plea of Infancy
| Library | Juvenile Law and Practice in Virginia (Virginia CLE) (2018 Ed.) |
8.10 PLEA OF INFANCY
No subsequent court decision has specifically rejected the continued applicability of the common law infancy defense described in Law v. Commonwealth 61 to juveniles below the age of 14 involved in juvenile delinquency cases. 62 At common law, juveniles under the age of 7 were conclusively presumed to be incapable of criminal behavior, and children between the ages of 7 and 14 were presumed to be incapable, with the prosecution having the burden to rebut the presumption. The closer the...
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