Doli Incapax

I just learned what this means.


From I.D. v. Juvenile Officer, decided today by the Missouri Court of Appeals (Judge Lisa White Hardwick, joined by Judges Gary D. Witt and Thomas N. Chapman):

Doli incapax is a common law presumption that a minor between the ages of seven and fourteen lacks the capacity to commit crime.

But, the court makes clear, it doesn't prevent juvenile proceedings against the minor (and of course this isn't a constitutional mandate, so it can be changed by statute).

NEXT: "The Only Rule that Governs the Confirmation Process Is the Law of the Jungle"

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  1. And you can rearrange the letters to spell “A Cola Dip? Nix!”

    1. Or “Nix a Cola dip”.

  2. “a minor between the ages of seven and fourteen”

    Does that mean a minor below the age of seven can commit a crime?

    1. From the footnote, “Children under seven are deemed to lack capacity entirely.”

  3. Three year olds have good morals. They heard the word, no, at age 2. They have adjusted to it. Their crime rate markedly drops that third year. This is just another lawyer fiction. Lawyers know shit.

    Serial killers act the same from that age, as they do in adulthood. Kindergarten students can accurately identify the peers who will grow up to be criminals. That is because their aggressiveness is on full display at that age, and worsens with the years.

    Only the stupid lawyer cannot. Why on earth can’t lawyers stop crime? Because they owe their rent seeking, worthless jobs to the criminals. The drop in the crime rate caused lawyer unemployment, and panic. So, now the lawyer is protecting the criminal and crime is surging again. This profession is a threat and must be stopped.

    1. Well, the student who was banned from all school buses in the 3rd grade raped & murdered a fellow student in the 10th grade.

      1. One strong correlate of high crime is the overlawyering of a jurisdiction. Japan, 100 million people, 20,000 lawyers. No crime. Criminals are afraid of the neighbors, more than of the police.

        South America with its extreme murder rates, is more overlawyered than the US.

        1. “South America” is a single jurisdiction with a single murder rate, and murder rates worldwide correlate exactly to lawyers?

          Good to know.

          (Chile and Argentina will be shocked to find that they have “extreme murder rates”, at 4.4 and 5.3 per 100,000 respectively, the latter equal to the United States.

          And of course, do ALL lawyers cause murder? Or just criminal defense lawyers? Do lawyers doing corporate litigation or NGO work cause murder? How does this work?)

  4. I’ve had pregnant 13-year-old students, not to mention 13-year-olds who ought to be taken out into the woods and shot — without benefit of trial.

    Doli incapax is asinine.

    1. Those serial criminals are protected, privileged, and empowered by the rent seeking lawyer profession.

      1. No, social workers and psychologists are worse, and do far more harm.

        1. What the hell is wrong with you two?

          1. 15 million crimes a year thanks to the protection of the criminal by the failed lawyer profession. It takes our $trillion a year, returns nothing of value. Every year a lawyer breathes, it destroys $2 million in economic value.

            1. How much of that is due to the over-criminalization of American life? Start with ending the war on drugs.

              1. That number is from household survey of crime victimization by the 8 common law crimes, 4 being violent. These are not nitpicky crimes.

            2. Yeah, that pesky Constitution….

              I don’t get your end state.

              No lawyers for defendants?

              No lawyers at all?

              1. See Japan. See all jurisdictions with loe crome. They all have one factor in common. Public self help.

          2. Maybe they can discuss matters rationally when the topic is children? And the same is true for social workers, psychologists, lawyers? Children are not more valuable or important than adults, except to their families and people indoctrinated to believe otherwise. Social workers and child welfare specialists, psychologists are capable of causing as much harm as they can ameliorate.

        2. Their salaries come from serving the criminal. Victims generate no income, and may rot, to these rent seekers.

    2. It’s a rebuttable presumption, though – “But, the court makes clear, it doesn’t prevent juvenile proceedings against the minor”.

      “I have seen X who do not deserve presumption Y” is a reason that Y is rebuttable and has exceptions, not a reason to throw Y out.

      “X typically or very often don’t fit Y” would be that.

  5. Here, Eugene. Even you should be able to understand this article. See Toddlerhood.

    1. And from that article: “Preschoolers (3 to 7 years)
      These are the formative ages of moral development. This is when your child internalizes the values that are taught in the family and that he can see around him.

      This is the part that makes the traditional liberal thought process spin. Children internalize the values of the immediate culture they experience. Failed cultures produce morally failed children. Not all cultures are equivalent, some are evidently worse based on simply observable outcomes.
      The record for child shootings at the level 1 childrens trauma hospital in my city was eclipsed in August. 95% of the children come from a single ethnic group. Contrary to blm blather, none by a police officer.

      1. Shamelessly pointing out facts is not allowed here, don’t you know?

      2. 76% illegitimacy rate…

        1. There are no racial differences in psychopathology. All disparities in social pathology come from that bastardy rate. The feminist lawyer destroyed the black family. Very dark skinned African immigrants have lower crime rates than whites or Asians. That is explained by their having strong patriarchal families, Christian faith, and love for America. Prior to the War on Poverty, the black disparity in all social pathologies was around 10%, including crime rates. After the War on Poverty, where the government paid to remove the father from the home, it went to 400%.

    2. Citing a mommy-blog to support the execution of children. Very cool.

    1. Sadly becoming typical.

      1. I thank the professors of the Volokh Conspiracy for providing a forum that exposes unvarnished conservative arguments and positions to a broader audience.

        Most educated, accomplished, reasoning, decent, modern Americans have little familiarity with the level of dysfunction, bigotry, ignorance, disaffectedness, and backwardness that afflicts our backwaters (largely rural and southern) and the conservatives who reside in those communities.

    2. Doli thread — come for the etymology, stay for the arguments why little kids should be shot without trial.

      Look at the flowers, Lizzie.

      1. Odd, nobody but you said that.

        1. Odd, nobody but you said that.

          Here’s Dr. Ed,

          13-year-olds who ought to be taken out into the woods and shot — without benefit of trial.

          1. “Ought” and “Should” are not actually the same, in common use, especially idiomatic.

            I read him as saying that it would be What They Deserved [for being sociopathic little monsters], not What The State Ought To Actually Do.

            There’s a difference. Or at least libertarians (and most conservatives, and old-school liberals) think so.

      2. They are hardened criminals, not “little children”, and I know that they won’t be “shot without trial” — I was merely attempting to distinguish (extinguish) so called “Restorative Justice.”

      3. Don’t forget the racism!

        1. The racism is never forgotten at this blog.

      4. Hi, Krayt and the Rev. The home address, or STFU. We are sending these kids to your house. You can show the class how to manage them. All they need is a hug.

  6. I know, right?

    Used to be Eugene could post about etymology or geography geekery and the comments would be equally geeky on those topics. This is really amazing.

    1. Before Dr. Ed, Hank Ferrous, Behar, etc. showed up.

      Also before Blackman started spamming the blog with his posts.

      1. Any coarsening at this blog is entirely my fault.

        Just ask Prof. Volokh.

        Or examine his censorship decisions (whom and what he censors; whom and what he does not censor).

        1. I agree.

          You’re a monomaniac who thinks The Other is uniquely evil, because Your Side is uniquely good (see just up thread where The Conservatives are all stupid, ign’ant hicks LULZ!).

          GFY, Kirkland. Either you’re a shitty troll or you need serious professional help, and I don’t care which it is.

          1. Let’s see…

            The radical left like to riot and bust up buildings.

            The radical right want to kill people.

            The Tennessippi states perennially have the highest unemployment, highest crime rate, highest infant mortality rate, highest obesity rate, and lowest income rate, lowest education rate, lowest life expectancy.

            Draw your own conclusions.

            1. Hi, Apedad. Yours is a really offensive, racist comment. Those states have the highest fraction of what I call, Democrats, if you know what I mean by that euphemism.

          2. The Rev needs a course at a comedy club. He is bitter and boring. He needs to get funny.

  7. I recently discovered distress damage feasant. Along with the even more obscure *vetitum namium* and *de aventis captis in withernamium*.

    I fear opposing counsel was having fun actually getting to use *Blacks Law Dictionary *

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