Infance Defense abolished in juvenile code: W.D.B. (A CHILD UNDER 18) V. COM. (SC 11/21/2007)

W.D.B.  (A CHILD UNDER 18)  V. COM.
FAMILY LAW:  Infancy defense in Juvenile Code
2006-SC-000937-DG.pdf
PUBLISHED: AFFIRMING
OPINION BY MINTON; SCHRODER DISSENTS IN PART, CONCURS IN PART WITH SEP. OP.
DATE RENDERED: 11/16/2007

SC affirmed the COA and held that because Kentucky Unified Juvenile Code, Kentucky Revised Statutes (KRS) Chapters 600 to 645 is comprehensive in scope and rehabilitative in purpose, its enactment extinguished the infancy defense in proceedings under the juvenile code. Since the enactment of the Kentucky Unified Juvenile Code, the common law presumption that a child lacks criminal capacity is no longer necessary.

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