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Encyclopedia > Minor (law)

In law, the term minor (also infant or infancy) is used to refer to a person who is under the age in which one legally assumes adulthood and is legally granted rights afforded to adults in society. Depending on the jurisdiction and application, this age may vary, but is usually marked at either 18 or 21. Specifically, the status of "minor" is defined by the age of majority[verification needed]. See Adult. ... This article does not cite any references or sources. ...


In many countries, including Croatia, India, the United Kingdom, Australia, Canada and New Zealand, a minor is presently defined as a person under the age of 18. In the United States, where the age of majority is set by the individual states, 'minor' usually refers to someone under the age of 18, but can be used in certain areas to define someone under the age of 21. This article does not cite any references or sources. ...


In the criminal justice system in some places, the term "minor" is not entirely synonymous, as a minor may be tried for a crime (and punished) as a juvenile or an adult (usually only for extremely serious crimes such as murder). United States criminal justice system flowchart. ... In legal parlance, a trial is an event in which parties to a dispute present information (in the form of evidence) in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute. ...

Contents

Usage

The terms "infant", "child", "adolescent", "teen", "youth", "juvenile" and "young person" are also used, although some jurisdictions make a legal distinction between these terms. Minor status carries with it special restrictions, penalties and protections that do not apply to adults. All member states of the United Nations except the United States and Somalia have ratified the United Nations Convention on the Rights of the Child. “Baby” redirects here. ... For other uses, see Child (disambiguation). ... Teen redirects here. ... For other uses, see Youth (disambiguation) Youth is defined by Websters New World Dictionary as, The time of life when one is young; especially: a: the period between childhood and maturity b: the early period of existence, growth, or development. ... UN and U.N. redirect here. ... Convention on the Rights of the Child Opened for signature 20 November 1989 in - Entered into force September 2, 1990 Conditions for entry into force 20 ratifications or accessions (Article 49) Parties 193 (only 2 non-parties: USA and Somalia) The United Nations Convention on the Rights of the Child...


Examples of restrictions imposed on minors include statutory rape laws, prohibitions against the use of alcohol and cigarettes, compulsory school attendance, the need for adult co-signers on legal documents (e.g. contracts), driver's license requirements, separate punishment and trial (e.g. juvenile courts), child labor laws, curfew laws, prohibitions against viewing certain age restricted films and prohibitions against voting. These laws are meant to protect minors from themselves, but severely restrict a minor's freedom. This article or section does not cite any references or sources. ... This article does not cite any references or sources. ... A cigarette will burn to ash on one end. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... First German driving school in 1906, Aschaffenburg Current EU driving licence, German version - front 1. ... Juvenile courts or young offender courts are courts specifically created and given authority to try and pass judgments for crimes committed by persons who have not attained the age of majority. ... Child labour is the employment of children under an age determined by law or custom. ... This article is about the restrictions and constraints of particular movements. ...


Restrictions imposed on minors are typically justified by an assumption of diminished mental capacity. Some jurisdictions allow juvenile emancipation, whereby a minor who can demonstrate competency may take on some rights that are normally reserved for adults. In law, a person who is not yet a legal adult is known as a minor (known in some places as an infant or juvenile). ...


Not all age-based restrictions are necessarily tied to the same transitional age. The transition from minor to adult, however, is typically defined by the age at which one may independently enter into contracts.


At the end of the 20th century most countries outside of Asia allowed most or all age-based transitions to occur by the age of 18. The propriety of age-based restrictions and selection of a transition age for each remains open to debate due to continued questions about age-specific decision-making capabilities. (19th century - 20th century - 21st century - more centuries) Decades: 1900s 1910s 1920s 1930s 1940s 1950s 1960s 1970s 1980s 1990s As a means of recording the passage of time, the 20th century was that century which lasted from 1901–2000 in the sense of the Gregorian calendar (1900–1999 in the...


The word "minor" is seen as offensive by many Youth Rights organisations such as NYRA because it relates to young people as though they are of lesser importance than adults. For example, comparing a 17 year old with a 2 year old. NYRA logo The National Youth Rights Association is the largest Youth Rights group in the United States, with several thousand members. ...


Australia

In Australia, there are several gradations of responsibility before full legal adulthood. Those under age ten are free of all criminal responsibility under the doli incapax doctrine of UK legal tradition. Those under the age of fourteen are presumed incapable of responsibility, but this can be disputed in court. The age of full legal responsibility is 18 except in Queensland and Victoria, where it is 17, and Western Australia where it is 16. A conclusive presumption (also known as an irrebuttable presumption) in English law is an presumption of law that cannot rebutted by evidence and must be taken to be the case whatever the evidence to the contrary. ... The United Kingdom of Great Britain and Northern Ireland is a country in western Europe, and member of the Commonwealth of Nations, the G8, the European Union, and NATO. Usually known simply as the United Kingdom, the UK, or (inaccurately) as Great Britain or Britain, the UK has four constituent... Slogan or Nickname: Sunshine State, Smart State Motto(s): Audax at Fidelis (Bold but Faithful) Other Australian states and territories Capital Brisbane Government Constitutional monarchy Governor Quentin Bryce Premier Anna Bligh (ALP) Federal representation  - House seats 28  - Senate seats 12 Gross State Product (2004-05)  - Product ($m)  $158,506 (3rd...


The age of majority is 18 for most purposes including sitting on a jury, voting, standing as a candidate, marriage, hiring R-rated films or seeing them in a theater, buying/viewing pornography and purchasing alcohol and tobacco products Hardcore pornography is a form of pornography that features explicit sexual acts. ... Alcoholic beverages are drinks containing ethanol, popularly called alcohol. ... A cigarette will burn to ash on one end. ...


Canada

Image File history File links This is a lossless scalable vector image. ... This article does not cite its references or sources. ...

United States

In the United States as of 1995, minor is legally defined as a person under eighteen. However, not all minors are considered "juveniles" in terms of criminal responsibility. As is frequently the case in the United States, the laws vary widely by state. Year 1995 (MCMXCV) was a common year starting on Sunday. ...


In eleven states, including Georgia, Illinois, Louisiana, Massachusetts, Michigan, Missouri, South Carolina, and Texas, a "juvenile" is legally defined as a person under seventeen. In three states, Connecticut, New York, and North Carolina, "juvenile" refers to a person under sixteen.[1] In other states a juvenile is legally defined as a person under eighteen. Official language(s) English[1] Capital Springfield Largest city Chicago Largest metro area Chicago Metropolitan Area Area  Ranked 25th  - Total 57,918 sq mi (140,998 km²)  - Width 210 miles (340 km)  - Length 390 miles (629 km)  - % water 4. ... This article is about the U.S. State. ... This article is about the U.S. state. ... This article is about the U.S. State. ... This article is about the U.S. state. ... Official language(s) English Capital Columbia Largest city Columbia Largest metro area Columbia Area  Ranked 40th  - Total 34,726 sq mi (82,965 km²)  - Width 200 miles (320 km)  - Length 260 miles (420 km)  - % water 6  - Latitude 32° 2′ N to 35° 13′ N  - Longitude 78° 32′ W to 83... For other uses, see Texas (disambiguation). ... Official language(s) none (de facto English) Capital Hartford Largest city Bridgeport[2] Largest metro area Hartford Metro Area[3] Area  Ranked 48th in the US  - Total 5,543[4] sq mi (14,356 km²)  - Width 70 miles (113 km)  - Length 110 miles (177 km)  - % water 12. ... This article is about the state. ... Official language(s) English Capital Raleigh Largest city Charlotte Largest metro area Charlotte metro area Area  Ranked 28th  - Total 53,865 sq mi (139,509 km²)  - Width 150 miles (240 km)  - Length 560[1] miles (900 km)  - % water 9. ...


Under this distinction, those considered juveniles are usually tried in juvenile court, and they may be afforded other special protections. For example, in some states a parent or guardian must be present during police questioning, or their names may be kept confidential when they are accused of a crime. For many crimes (especially more violent crimes), the age at which a minor may be tried as an adult is variable below the age of 18 or (less often) below 16 [Gaines, Larry K and Roger Leroy Miller. "Criminal Justice in Action" 4th ed., Thompson Wadsworth Publishing, 2007. Pg 495). For example, in Kentucky, the lowest age a juvenile may be tried as an adult, no matter how heinous the crime, is 14. Juvenile courts or young offender courts are courts specifically created and given authority to try and pass judgments for crimes committed by persons who have not attained the age of majority. ...


In most states, juveniles cannot be housed with adult inmates, even if the child is charged as an adult. This is also discouraged by the federal government, which proffers funding only if children and adults are housed in separate facilities. This leads to a lot of subsidiary questions such as whether a juvenile now past their eighteenth birthday can be sentenced to adult jail for a conviction based on behavior that happened before that birthday. As with the adult system, the juvenile justice system has become more and more punitive over time,[citation needed] despite a juvenile's lack of right to a jury in juvenile court, often lower brain development (because of their youth), and evidence that incarceration and even probation lead to a higher incidence of reoffending for juveniles than non-punitive consequences.[citation needed]


The death penalty in the U.S. for those that committed a crime while under the age of 18 was discontinued by the U.S. Supreme Court Case Roper v. Simmons in 2005. The court's 5-4 decision was written by Justice Kennedy and joined by Justices Ginsburg, Stevens, Breyer, and Souter, and cited international law, as well as child developmental science and many other factors in reaching its conclusion.


The age of consent for sexual activity is often lower than the age of majority, frequently using a graduated scale based on the difference in age between the participants. There is an absolute minimum age, however, varying from state to state, below which a minor may not consent. The lowest age for a legal marriage also varies by state. Age of consent laws Worldwide While the phrase age of consent typically does not appear in legal statutes,[1] when used with reference to criminal law the age of consent is the minimum age at which a person is considered to be capable of legally giving informed consent to any...


The twenty-sixth amendment to the U.S. Constitution, ratified in 1971, granted all citizens 18 years of age or older the right to vote in every state, in every election.

The US Department of Defense took the position that they would not consider the "enemy combatants" they held in extrajudicial detention in the Guantanamo Bay detainment camps to be minors unless they were less than sixteen years old.[verification needed] In the event they only separated three of the more than a dozen detainees who were under 16 from the adult prison population. And all the several dozen detainees who were between sixteen and eighteen years of age were detained with the adult prison population. Now those under 18 are kept separate in line with the age of majority and world expectations. The United States has disputed the number of minors detained in the global war on terror. ... The United States Department of Defense, abbreviated DoD or DOD and sometimes called the Defense Department, is a civilian Cabinet organization of the United States government. ... An enemy combatant has historically referred to members of the armed forces of the state with which another state is at war. ... Extrajudicial execution and extrajudicial punishment are terms to describe death sentences and other types of punishment, respectively, executed without prior proper judicial procedure. ... Detainees upon arrival at Camp X-Ray, January 2002 Guantánamo Bay detainment camp serves as a joint military prison and interrogation center under the leadership of Joint Task Force Guantanamo (JTF-GTMO), has occupied a portion of the United States Navys base at Guantanamo Bay, Cuba since 2002. ...


Some states, including Florida, have passed laws allowing one who commits an extremely heinous crime, such as murder, to be tried as an adult, regardless of age. These laws, however, have faced the challenges of the ACLU This article is about the U.S. State of Florida. ... The American Civil Liberties Union, or ACLU, is a non_governmental organization devoted to defending civil rights and civil liberties in the United States. ...


United Kingdom

Further information: Law of England and WalesLaw of Northern Ireland, and Law of Scotland

In England, Wales and Northern Ireland a minor is a person under the age of 18; in Scotland, under the age of 16. The age of criminal responsibility in England, Wales and Northern Ireland is 10; and 8 in Scotland. English law, the law of England and Wales (but not Scotland and Northern Ireland) is considered by some to be one of Britains great gifts to the world. ... Northern Ireland law concerns the legal system in Northern Ireland. ... Scots law (or Scottish law) is the law of Scotland. ... For other uses, see England (disambiguation). ... This article is about the country. ... Northern Ireland (Irish: , Ulster Scots: Norlin Airlann) is a constituent country of the United Kingdom lying in the northeast of the island of Ireland, covering 5,459 square miles (14,139 km², about a sixth of the islands total area). ... This article is about the country. ... Defense of infancy is a form of defense by excuse; in which a defendant argues that, at the time a law was broken, they were not criminally liable for their actions, as they had not reached an age of criminal responsibility. ...


Cases of minors breaking the law are often dealt with by the Youth Offending Team. If they are incarcerated, they will be sent to a youth detention center. A young offender is a person of either gender who has been convicted or cautioned for a criminal offence. ... A Youth Offending Team (YOT) is the department of a police force in the United Kingdom that works with youth offenders. ... A prison is a place in which people are confined and deprived of a range of liberties. ... A youth detention center, also known as Juvenile Hall is a prison for people under the age of 18. ...


The age of majority is 18 for most purposes including sitting on a jury, voting, standing as a candidate, marriage, hiring films with an 18 certificate or seeing them in a theater, buying/viewing and modelling for pornography and purchasing alcohol, tobacco products and fireworks. The 18 certificate is issued by the British Board of Film Classification (BBFC) to state that, in its opinion, a film or video recording should not be seen or purchased by a person under 18 years old. ...


See also

Age of consent laws Worldwide While the phrase age of consent typically does not appear in legal statutes,[1] when used with reference to criminal law the age of consent is the minimum age at which a person is considered to be capable of legally giving informed consent to any... Defense of infancy is a form of defense by excuse; in which a defendant argues that, at the time a law was broken, they were not criminally liable for their actions, as they had not reached an age of criminal responsibility. ... This article does not cite any references or sources. ... For other uses, see Boy (disambiguation). ... For other uses, see Girl (disambiguation). ... . ... A voting age is a minimum age established by law that a person must attain in order to be eligible to vote in a public election. ... Manifestations Slavery · Racial profiling · Lynching Hate speech · Hate crime · Hate groups Genocide · Holocaust · Pogrom Ethnocide · Ethnic cleansing · Race war Religious persecution · Gay bashing Pedophobia · Ephebiphobia Movements Discriminatory Aryanism · Neo-Nazism · Supremacism Kahanism Anti-discriminatory Abolitionism · Civil rights · Gay rights Womens/Universal suffrage · Mens rights Childrens rights · Youth... Ephebiphobia (from Greek ephebos έφηβος = teenager, underage adolescent and fobos φόβος = fear, phobia), also known as hebephobia (from Greek hebe = youth), denotes both the irrational fear of teenagers or of adolescence, and the prejudice against teenagers or underage adolescents. ... Adultism is a predisposition towards adults, which some see as biased against children, youth, and all young people who arent addressed or viewed as adults. ...

External links

  • Legal Definition of Juvenile - Australia

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Minor (law), the legal term for a young person.
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Minor (law) - Wikipedia, the free encyclopedia (269 words)
In law, a person who is not yet a legal adult is known as a minor (known in some places as an infant or juvenile).
Most countries give additional legal protection to minors, and all countries except the United States and Somalia have ratified the United Nations Convention on the Rights of the Child.
Not all such minor restrictions are necessarily tied to the same transitional age, but the transition from minor to adult is typically defined by the age at which one may independently enter into contracts.
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