People v. Manuel L.

KENNARD, J., Dissenting.

Under Penal Code section 26, subdivision One,1 children under the age of 14 are presumed incapable of committing a crime absent “clear proof that at the time of committing the act charged against them, they knew its wrongfulness.” At issue here is what the Legislature meant by “clear proof.” Must the People establish the child’s *240knowledge of the act’s wrongfulness “beyond a reasonable doubt,” or will a lesser standard of “clear and convincing evidence” suffice? The majority opts for the latter standard.

I am not persuaded. I would hold, in accord with the majority of…