Full Description
This text looks at the issues raised from the legal, philosophical and sociological perspectives, arguing that a thorough investigaton of the child's criminal capacity, by the court, is necessary to provide a fair and arational basis for decision making concerning criminal responsibility. It also examines the existing response of the Scottish legal system to such children, both in the courts and through the children's hearings system.
Contents
Introduction; The Context of the Bulger Case and its Ripple Effect; Children and the Mental Element in Criminal Law; Recognition of the Child's Criminal Capacity in Law; The Treatment of Children in Scots Criminal Law Historically; The Modern Law; Welfare and the Children's Hearings System; Concluding Thoughts.
