Under 14 years old
To be held culpable for a crime, a youth must have the capacity to commit the crime.
What is capacity?
California law presumes that youth under the age of 14 are not capable of committing a crime unless “at the time of committing the act charged against them, they knew its wrongfulness.” (Penal Code § 26; In re Gladys R.)
Probation officers, prior to interviewing a child under 14, must first determine if they believe the child understands the difference between right and wrong. Law enforcement agencies similarly ask questions to ensure the youth has capacity.
If there is a question about capacity, your attorney will litigate it and have the judge decide the issue.
A youth must also be competent to stand accused of the crimes with which they are charged.
What does it mean to be competent?
A youth is competent when they can do all of the following:
- Understand the nature and purpose of the criminal proceedings against them;
- assist in a rational manner their attorney in presenting their defense; and
- understand their own status and condition in the proceedings. (Welfare & Institutions Code § 709.)
Santa Clara County’s Juvenile Justice Court has a Competency Protocol for cases involving competency.
Juvenile competency laws are different than competency laws in adult court. Additionally, doctors appointed to evaluate youth for competency must be qualified to do so based on very specific requirements. Please be sure you talk to your attorney.
If you or your child are Andreas Regional Center (SARC) consumers, please be sure to alert the attorney.