What term refers to the presumption of incapacity for those aged 10 to 14 years?

The term that refers to the presumption of incapacity for individuals aged 10 to 14 years is "Doli incapax." This legal principle suggests that children in this age group are presumed to be incapable of committing a crime, meaning they cannot be held criminally responsible for their actions. This presumption acknowledges the developmental differences in understanding and judgment between children and adults.

In many jurisdictions, including New South Wales, the law recognizes that children under a certain age do not possess the necessary mental capacity to form the intent required for a crime, which aligns with the broader understanding of child development in law. This protection is rooted in principles of justice and equity, aiming to ensure that young individuals are treated appropriately within the legal system.

Understanding "Doli incapax" is essential for legal professionals dealing with youth offenders, as it guides how cases involving minors are approached, ensuring that legal repercussions are fair and consider the cognitive abilities of the child involved. This concept is critical compared to other legal terms. For instance, mens rea pertains to the mental state or intent required for a crime, while actus reus refers to the physical act of committing the crime. Nulla poena sine lege means "no penalty without a law," which relates to the legality of