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. Commonwealth61 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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- Chapter 8 The Adjudicatory Hearing
- 8.1 Introduction
- 8.2 Petition and Notice of Charges
- 8.3 Subpoenas
- 8.4 Procedure in Criminal Cases Involving Adult Defendants
- 8.5 Physical and Mental Examinations and Competence
- 8.6 Advice of Trial Rights for Juveniles Charged with Delinquency
- 8.7 Burden of Proof and Evidentiary Rules
- 8.8 Procedures
- 8.9 Admissions and Guilty Pleas
- 8.10 Plea of Infancy
- 8.11 Contempt of Court
- 8.12 Jury Trial
- 8.13 Right to Public Trial and Presence of Child
- 8.14 Double Jeopardy
- Appendix 8-1 Dc-512 Notice of Hearing
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