Determining the Age of Criminal Capacity: Acting in the best interest of children in conflict with the law

Authors

  • Marelize Isabel Schoeman University of South Africa UNISA

DOI:

https://doi.org/10.17159/2413-3108/2016/i57a39

Keywords:

Criminal capacity, Child Justice, Children in Conflict with the Law

Abstract

This article aims to stimulate critical discourse on the current practices regarding best interest of children in conflict with the law. The issue explored is whether determining the criminal capacity of children in conflict with the law is in the best interest of these children.

Findings indicated that logistical and operational challenges are denying child offenders services as intended in the Act. In the light of this finding, the article advocates for keeping a clear vision of the Act’s restorative and rehabilitative intention as opposed to following a pragmatic approach during the upcoming review of the age of criminal capacity.

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Author Biography

  • Marelize Isabel Schoeman, University of South Africa UNISA

    Department of Criminology and Security Science

    School of Criminal Justice

    College of Law

    Associate Professor

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Published

2016-09-26

Issue

No. 57 (2016): September 2016

Section

Commentary and analysis

License

Copyright (c) 2016 Author and Institute for Security Studies

Creative Commons License

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