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Steve Is Eight Years Old and Was Walking Home from School

Question 63

Multiple Choice

Steve is eight years old and was walking home from school when a twelve year old neighbor boy (Joey) tells him he has candy at his house and to come over and eat some with him. Steve goes to Joey’s house where he eats candy with Joey. After they are done eating Joey takes out a knife and stabs Steve eight times in the chest killing him.
-​At common law,Joey would


A) ​have no criminal capacity.
B) ​automatically have the same capacity as an adult.
C) ​be treated the same as under today's statutory laws.
D) ​be presumed to have no criminal capacity,but the presumption could be overcome.

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