So thats why they hate us cards

So thats why they hate us cards - Sentencing Our Children...

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Sentencing Our Children to Die in Prison: Global Law and Practice By C ONNIE DE LA V EGA ICHELLE L EIGHTON * Connie de la Vega is Professor of Law and Director of the Frank C. Newman International Human Rights Clinic, University of San Francisco School of Law. Michelle Leighton is Director of Human Rights Programs, Center for Law and Global Justice, University of San Francisco School of Law. This Article and previous reports were developed from the work of the authors and students in the Clinic at the United Nations. An acknowledgement of all those who have contributed to this ongoing project follows at the end of the Article. Customary international law has recognized that the special characteristics of children preclude them from being treated the same as adults in the criminal justice system.128 To sentence a child in such a severe manner contravenes society’s notion of fairness and the shared legal responsibility to protect and promote child development. Trying children in adult courts so that they can receive “adult” punishment squarely contradicts that most basic premise behind the establishment of juvenile justice systems: ensuring the well-being of youth offenders. The harsh sentences dispensed in adult courts do not take into account the lessened culpability of juvenile offenders, their ineptness at navigating the criminal justice system, or their potential for rehabilitation and reintegration into society. Moreover, indeterminate sentences lack the element of proportionality which many believe is essential in a humane punishment.129 Indeed, the LWOP sentence penalizes child offenders more than adults, because the child, by virtue of his or her young age, will likely serve a longer sentence than an adult given LWOP for the same crime. The CRC, a treaty ratified by every country in the world except the United States and Somalia,134 codifies an international customary norm of human rights that forbids the sentencing of child offenders to LWOP. In early 2007, the Committee on the Rights of the Child, the implementation authority for the CRC, clarified this prohibition in a General Comment: “The death penalty and a life sentence without the possibility of parole are explicitly prohibited in article 37(a) of CRC.”136 The General Comment’s additional paragraph 77, titled “No life imprisonment without parole,” further recommends that “parties abolish all forms of life imprisonment for offences committed by persons under the age of eighteen.”137 Providing greater clarity to this norm is the Committee’s interpretation of treaty obligations around procedure for trial of juveniles, requiring nations to treat juveniles strictly under the rules of juvenile
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So thats why they hate us cards - Sentencing Our Children...

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