CASES
These case cards summarize pivotal laws and rulings in plain language. Each card has a short summary and an ethical tag, such as culpability, rehabilitation, proportionality, or dignity.
China: Criminal Law Amendment (XI), Article 17 (2020/2021)
Full liability at 16; 14–1Amendment XI uses a tiered structure. Full liability at 16; specified serious violent offenses for 14–15; narrowly authorized prosecutions for 12–13 with high-level review, limited to extraordinarily egregious homicide or especially cruel serious-injury cases. The design aims to address rare, severe harms while guarding against overuse. Ethics: culpability, proportionality, dignity.5 for specified serious violent offenses; 12–13 only in extraordinarily egregious homicide/serious‑injury cases with high-level approval.
China: Debate Context (2019–2020)
Public concern after severe incidents involving very young adolescents drove calls for reform. Advocates emphasized safety; others emphasized developmental science and risks of over-criminalization. The final approach created a narrow exception paired with juvenile protections. Ethics: culpability, dignity.
U.S. Statute: New York — Lower Age to 12 (Homicide Exceptions)
New York raised the general floor to 12 while allowing limited homicide-related exceptions for younger ages. Non-homicide behavior under 12 is generally routed to services. The model aligns developmental capacity with community safety. Ethics: culpability, rehabilitation.
U.S. Statute: California — Minimum Age 12 (SB 439; WIC §602)
California established a 12-year floor for delinquency, with defined exceptions for very serious crimes under that age. The goal is to prevent early, unnecessary system contact and focus on individualized responses. Ethics: proportionality, rehabilitation.
U.S. Statute: Washington — Age 8 with Rebuttable Incapacity (RCW 9A.04.050)
Children ages 8–11 are presumed incapable unless the state proves capacity. The presumption acts as a due-process screen while still allowing accountability where capacity is shown. Ethics: culpability, dignity.
U.S. Statute: Florida — Kaia Rolle Act (Floor at 7; Forcible Felony Exception)
Florida set a floor at age 7 with an exception for forcible felonies, aiming to prevent arrests of very young children for school-related misbehavior while preserving a response to extreme harm. Ethics: dignity, rehabilitation.
U.S. Supreme Court: Roper v. Simmons (2005)
Death penalty barred for crimes committed under age 18, grounded in evolving standards of decency and adolescent development. Ethics: dignity, proportionality.
U.S. Supreme Court: Graham v. Florida (2010)
Life without parole barred for juvenile non-homicide offenses; requires a meaningful path to release based on growth. Ethics: rehabilitation, proportionality.
U.S. Supreme Court: Miller (2012) & Montgomery (2016)
Mandatory life without parole for juveniles is unconstitutional; individualized sentencing is required; retroactive relief provided. Ethics: proportionality, dignity.
