The law only recognizes as legal the acts of persons who possess the capacity to form the proper intent to perform the particular acts. Two aspects of "capacity" are recognized: the mental capacity to form the intent to commit an act, and maturity, or the roughly objective measure of the ability to form a legal intent. It is maintained that when a child reaches a certain age his or her capacity to form the proper intent matures. At this point a child can be held accountable for his or her actions.
The age at which every person is considered an adult is known as the "age of majority" and is usually 18 years old. In addition, some states allow minors who are living apart from their parents and supporting themselves to be "emancipated." This means that the minor will be treated as an adult for legal purposes. The minimum age for majority or emancipation is sometimes set out in statutes, but is frequently determined by the common law.
The variation of age limits for different activities, such as marrying, voting, or consuming alcohol, illustrates the values a society places on certain types of activities and how a society values individual responsibility and accountability. For instance, when a minor intentionally injures another or damages property, he or she may be held liable for the act at age fourteen, and even earlier, in some instances, in certain courts. But he or she may not be allowed to drink or vote until age 21 or 18.
The limitations on a minor's ability to contract, however, are established to protect innocent third parties and ignorant or immature first parties. If a minor makes a foolish business decision out of immaturity or ignorance, the contract may be voided on the basis of a lack of capacity to contract.
_______________________Yet California Sentences Them To life In Prison;Has them Sign Away their rights with no parent or counsil present:Public defenders have them sign away their right to a speedy trial with no parent consent!??
Thursday, March 4, 2010
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment