Supreme Court bans juvenile executions (user search)
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  Supreme Court bans juvenile executions (search mode)
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Author Topic: Supreme Court bans juvenile executions  (Read 15860 times)
minionofmidas
Lewis Trondheim
Atlas Institution
*****
Posts: 58,206
India


« on: March 03, 2005, 10:49:05 AM »

"It is proper that we acknowledge the overwhelming weight of international opinion against the juvenile death penalty, resting in large part on the understanding that the instability and emotional imbalance of young people may often be a factor in the crime."

The Supreme Court is not in the business of acknowledging the opinion of international views regarding a particular subject matter. Their job is to interpret the Constitution of the United States which they swore an oath upon. In the most part they did in this case, but to recognize international opinion when interpreting United States law is a dangerous precedent. International opinion or even international law should never be considered when interpreting United States law. The key word here is interpreting not creating.
...although the phrase "cruel and unusual" throws the doors wide open to doing that. (Not saying it requires it, just that it is open to such an interpretation.)

I hadn't anticipated this ruling at all. It came as a surprise treat.
Does this automatically overturn all such convictions currently in existence or does it only prevent future ones?

Most of the Western world abolished the Death Penalty for under-18 or under-21 year olds in the 19th century, btw. IIRC there was about 5 or 6 countries left where you could be executed for a crime committed when you're not even 18 years old. Saudi Arabia, (parts of) the U.S., DR Congo, I forget the other ones.
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minionofmidas
Lewis Trondheim
Atlas Institution
*****
Posts: 58,206
India


« Reply #1 on: March 03, 2005, 12:36:56 PM »

Well, Western Europe, Latin America and much of Asia, actually. Just a sidenote, though.
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