State v. Q.D

Brief Fact Summary.

Appellants are minors who were charged with crimes. Appellants argue that they lacked the capacity to commit the crimes because of their age.

Synopsis of Rule of Law.

The State must show by clear and convincing evidence the statutory presumption that children between the ages of 8 and 12 lack the capacity to commit crimes.

Facts.

One Appellant was 11 years-old at the time he committed the offense in question. At trial, the judge found that he had committed trespass. The other Appellant was 11 years-old as well and found to have committed indecent liberties with a 4