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0 tracked cards Criminal Law

Two scenarios: A 14-year-old steals a bicycle from a neighbor; B 17-year-old steals the same bicycle with slight resistance; The incident is reported and referred to the Juvenile Justice and Welfare Board for disposition under RA 9344 Sec. 6, as amended. Under RA 9344 Sec. 6, as amended, which statement best describes their liability and the applicable proceedings/dispositions? Identify the controlling doctrine and apply it to each age scenario.

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A 14-year-old is exempt from criminal liability and will be handled by child welfare authorities; A 17-year-old is criminally liable but shall be processed by the Juvenile Justice and Welfare Board with a diversion or rehabilitation disposition rather than imprisonment. Both A and B are criminally liable and must be charged in a regular criminal court; the 14-year-old’s liability would require discernment under RPC principles, while the 17-year-old would proceed through juvenile procedures if diversion is available. A 14-year-old is exempt from criminal liability because of minority, and a 17-year-old is also exempt due to the juvenile status of the act; no criminal charges may be filed against either. A 14-year-old is liable only if discernment is proven; a 17-year-old is liable and must be charged in juvenile court with a disposition to follow under the Juvenile Justice framework.

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