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How Do Jurisdictions Differ in Defining Capacity for Criminal Responsibility?

Different places have their own ways of deciding when someone is responsible for a crime. This can be shaped by their culture, laws, and beliefs. Here’s a simpler look at some of these differences:

  1. Insanity Defense:

    • In the U.S.: About 26 states use something called the M’Naghten Rule. This rule checks if the person knew right from wrong when they committed the crime.
    • In England: The Criminal Procedure (Insanity) Act of 1964 looks at a person's mental health more broadly. It considers both thinking abilities and their ability to control their actions.
  2. Age of Criminal Responsibility:

    • In the U.S.: The age at which someone can be held responsible for a crime varies a lot. In some states, it can be as young as 6 years old.
    • In other countries, especially in Europe: The age is usually set between 12 and 14 years.
  3. Diminished Capacity:

    • Places like California and Australia include a rule called diminished capacity. This means that if someone has a mental problem, they might not be fully responsible for their actions. However, this is used differently depending on the place and its laws.

All these differences show just how complicated it can be to figure out who is responsible for a crime around the world.

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How Do Jurisdictions Differ in Defining Capacity for Criminal Responsibility?

Different places have their own ways of deciding when someone is responsible for a crime. This can be shaped by their culture, laws, and beliefs. Here’s a simpler look at some of these differences:

  1. Insanity Defense:

    • In the U.S.: About 26 states use something called the M’Naghten Rule. This rule checks if the person knew right from wrong when they committed the crime.
    • In England: The Criminal Procedure (Insanity) Act of 1964 looks at a person's mental health more broadly. It considers both thinking abilities and their ability to control their actions.
  2. Age of Criminal Responsibility:

    • In the U.S.: The age at which someone can be held responsible for a crime varies a lot. In some states, it can be as young as 6 years old.
    • In other countries, especially in Europe: The age is usually set between 12 and 14 years.
  3. Diminished Capacity:

    • Places like California and Australia include a rule called diminished capacity. This means that if someone has a mental problem, they might not be fully responsible for their actions. However, this is used differently depending on the place and its laws.

All these differences show just how complicated it can be to figure out who is responsible for a crime around the world.

Related articles