5 treated differently than adults See eg Roper v Simmons 543 US 551 2005 Indeed

5 treated differently than adults see eg roper v

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treated differently than adults. See, e.g. , Roper v. Simmons , 543 U.S. 551 (2005). Indeed, while U.S. criminal law does not prohibit the detention of children, it does classify them differently than adults, see, e.g. , 18 U.S.C. § 5031, and require that they be detained, tried, and sentenced differently than adults, see, e.g. , 18 U.S.C. § 5031 et seq . The states similarly treat juveniles differently under their criminal laws. 5 These separate provisions for juveniles are based not only on the idea that juveniles are less culpable than adults, see, e.g. , Thompson v. Oklahoma , 487 U.S. 815, 835 (1988) (plurality), but also on a recognition of their greater capacity for rehabilitation and reintegration into society—the same recognition that underlies the distinct treatment of juveniles under the law of war. See, e.g. , United States v. M.R.M. , 513 F.3d 866, 871 (8th Cir. 2008); United States v. Hill , 538 F.2d 1072, 1074 (4th Cir. 1976). The facts of this case make particularly clear why the line between juveniles and adults drawn by the law of war and U.S. law makes sense. According to the Government’s own charge sheet in Petitioner’s military commission trial, Petitioner was 10 years old, without any significant autonomy or ability to distance himself from his family, when his family first began to expose him to al-Qaeda officials and operations. See Charge Sheet, U.S. v. Khadr , at ¶ 8 (Kuebler Affidavit, Exhibit 2). According to the same charge sheet, this indoctrination continued, intensifying into active, one-on-one basic training, until Petitioner, at age 15, was captured by U.S. forces following a firefight. Id . at ¶¶ 9-10, 12. In light of this history, it would make little sense to conclude that Petitioner’s alleged association with al-Qaeda was fully “voluntary,” to hold him accountable for that association in the same manner as if he were an adult, or to deny him the opportunity for rehabilitation and reintegration into society. And 5 See, e.g. , 47 Am. Jur. 2d Juvenile Courts and Delinquent and Dependent Children § 4 (“[a]s juvenile court proceedings are designed for the rehabilitation of minors, while the purpose of imprisonment pursuant to the criminal law is punishment, the differing needs and characteristics of adult offenders and juveniles justify the maintenance of a separate and distinct system of justice for each of the two classes” (internal footnote omitted)). 6
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indeed, as set forth in detail below, both U.S. law and the law of war flatly prohibit him from being so treated. Nevertheless, Petitioner has spent the last six years in adult detention, in open violation of these legal requirements. This Court should now ensure that these laws are finally enforced. FACTS AND PROCEDURAL BACKGROUND Petitioner was captured in July 2002 following a firefight between U.S. forces and unknown Arab fighters in Khost, Afghanistan. 6 At the time of his capture, Petitioner was fifteen years old. Approximately three months later, in October 2002, Petitioner was transferred to Guantánamo Bay. When he arrived, Petitioner was placed in adult detention facilities. At no
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  • Summer '16
  • Ramon Wawire
  • Supreme Court of the United States, Habeas corpus, Hamdan v. Rumsfeld, Boumediene v. Bush, military commission

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