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NeCede's

Maxim 8.8.34

In nearly all penal judgments, immaturity of age and imbecility of mind are favored.

Source: Dig. 50, 17, 108; Broom, Max. 314; Weisman, 64kk Difficulty 4/5 — Advanced

Explanation

(English-origin maxim.) In criminal sentencing, youth and mental incapacity are treated as mitigating factors — the law extends greater leniency to those whose age or condition diminishes their culpability.

Where this applies

  • A 14-year-old convicted of theft receives a lighter sentence than an adult would because the court takes his youth into account as a mitigating factor.
  • A defendant with a severe intellectual disability is given a reduced sentence because his diminished mental capacity makes him less culpable.
  • A juvenile offender is sentenced to a rehabilitation program instead of prison, because in penal judgments, immaturity of age is treated with leniency.

Legal domains

Cite this maxim

NeCede Max. 8.8.34 — In nearly all penal judgments, immaturity of age and imbecility of mind are favored. — Dig. 50, 17, 108; Broom, Max. 314; Weisman, 64kk

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