But repeals by implication are disfavored and there is no reason to adopt this

But repeals by implication are disfavored and there

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MCA had implicitly repealed the JDA with respect to juveniles detained at Guantánamo Bay. But repeals by implication are disfavored, and there is no reason to adopt this interpretation of the MCA. As the Supreme Court has held, “[t]he age of 18 is the point where society draws the line for many purposes between childhood and adulthood.” Roper v. Simmons , 543 U.S. 551, 574 (2005). Consistent with this understanding, Congress, in the JDA, established specific and carefully considered procedures for the federal detention and prosecution of persons under the age of 18. The JDA governs cases in which a person under the age of 18 is alleged to have committed an act of “juvenile delinquency,” defined as violating a law of the United States that, if violated by an adult, would have been a crime. 18 U.S.C. § 5031. The JDA provides that such individuals, if they are not tried in a state court, will be tried in U.S. district court according to the special procedures set forth in the JDA. 15 Among other things, the JDA provides that juveniles accused of delinquency “may be detained only in a juvenile facility” or other suitable place where they will not have “regular contact” with adult detainees, 18 U.S.C. § 5035; that they will be brought to trial within 30 days of being taken into federal detention, see id . § 5036; and that, if convicted, they must be sentenced in accordance with the prescribed maximum sentences set forth in the JDA, see id . § 5037; see generally In re Sealed Case , 893 F.2d 363, 367-68 (D.C. Cir. 1990). 15 The JDA does provide that individuals alleged to have committed an act of juvenile delinquency when age 15 may, on motion of the Attorney General, be transferred to adult prosecution if a Court determines that “such a transfer would be in the interest of justice.” 18 U.S.C. § 5032. However, such a transfer requires both a motion of the Attorney General and a determination by an Article III court—neither of which occurred in Petitioner’s case. 28
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The JDA applies, on its face, to Petitioner’s case. There is no dispute that Petitioner was 15 years old—a “juvenile” under the JDA—at the time he allegedly committed the acts for which he has been charged. Further, Petitioner has been charged with violating U.S. laws that, if violated by adults, would constitute crimes. Specifically, he is alleged to have violated various provisions of the MCA, which purportedly establish “crimes” “triable by military commission.” 10 U.S.C. § 950v. Petitioner disputes that these purported “crimes” were validly enacted, or that Petitioner can lawfully or constitutionally be prosecuted or convicted for committing them; but they are nonetheless the “crimes” with which he has been charged. Moreover, and in any event, the acts Petitioner is accused of committing appear to allege violations of other federal crimes, such as murder, see 18 U.S.C. § 1114; United States v. Benitez , 741 F.2d 1312, 1317 (11th Cir.
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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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