Discretion

crim. law, is the ability to know and distinguish between good and evil; between what is lawful and what is unlawful.. The age at which children are said to have discretion, is not very accurately ascertained. Under seven years, it seems that no circumstances of mischievous discretion can be admitted to overthrow the strong presumption of innocence, which is raised by an age sotender.

1 Hale, P. C. 27,8; 4 Bl. Com. 23.

Between the ages of seven and fourteen, the infant is, prima facie, destitute of criminal design, but this presumption diminishes as the age increases, and even during this interval of youth, may be repelled by positive evidence of vicious intention, for a tenderness of years will not excuse a maturity in crime, the maxim in these cases being malitia supplet etatem. At fourteen, children are said to have acquired legal discretion.

1 Hale, P. C. 25.