The current age of criminal responsibility in Australia poses large-scale problems that conflict with the interests of protecting children. Raising the criminal age of responsibility and eliminating doli incapax would result in a significant decline in juvenile detention and create a considerably more just and reasonable system for children facing the consequences of their actions. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an original essay The criminal age of responsibility in Australia is 10 years. However, the idea of ​​doli incapax refers to the legal presumption that a child younger than 14 but older than 10 is incapable of forming mens rea, being the intent or knowledge of a crime. Therefore, without there being an intention to commit a crime, the young person should not be prosecuted for a criminal offence. According to a rebuttable presumption of law, to prosecute a child older than 10 years but less than 14 years old, the child must be indisputably aware of having "malicious intent" or "awareness of having done wrong." In addition to proving that the minor committed the crime, the prosecution must also prove that the minor was aware that his actions were wrong. For example, threatening the victim before or during the crime can be used to demonstrate that the minor is criminally aware of his actions. On the other hand, understanding the child's home life, education, and general well-being generally shows reasoning and explanations to the displayed actions. Doli Incapax is in place to limit the child detention that is so widespread in Australia. According to Bering et al, “locking up these kids during these crucial years affects their development,” highlighting the impact that incarcerating children has when they are young. Detention can negatively alter their development into adulthood and should be limited to reduce the risk of reoffending. This may be because the prefrontal cortex of a child's brain has not yet fully developed, resulting in impaired rational thinking. The high court also criticized the doli incapax approach saying it is "capable of suggesting that children mature at a uniform rate". Australia is following the UK in its approach to dealing with criminal activity committed by children. The idea of ​​doli incapax clearly states that the likelihood of a child under the age of 14 being criminally responsible is limited. Doli incapax has many faults and the abolition of this legal presumption as well as raising the criminal age of responsibility would create a fairer system. Australia would also follow the advice of the United Nations Committee on the Rights of the Child which continues to criticize Australia and other countries which have yet to raise the age of criminal responsibility to 14. The current age of criminal responsibility is having negative effects on the future success of children who have been found guilty of crimes. When children are exposed to the criminal justice system at a young age, they are less likely to “get out of crime,” and the unfavorable social response is more likely to redirect these children into a pattern and cycle of crime and potentially serve more. time in prison. In most cases, the criminal offense begins as a misdemeanor but can then escalate into more prosecutable crimes. However, as the level of maturity increases, it is seen that the behavior that has landed these young people in detention centers is periodic and the risk of them committing crimes again in some cases is minimal. The most common age 12.