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	<title>Comments on: Brandon McInerney: 19 days too old for justice</title>
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		<title>By: Marlowecan</title>
		<link>http://themoderatevoice.com/21535/brandon-mcinerney-19-days-too-old-for-justice/comment-page-1/#comment-127727</link>
		<dc:creator>Marlowecan</dc:creator>
		<pubDate>Mon, 04 Aug 2008 04:53:15 +0000</pubDate>
		<guid isPermaLink="false">http://themoderatevoice.com/society/children/21535/brandon-mcinerney-19-days-too-old-for-justice/#comment-127727</guid>
		<description>The flaws in the cited author&#039;s arguments are legion.&lt;br&gt;&lt;br&gt;&quot;In the rest of the world combined, only seven people are known to be serving a life sentence for crimes committed when they were juveniles.&quot;&lt;br&gt;&lt;br&gt;Oh come on.  The author is being selective, and using the weasel term &quot;are known&quot;.   I imagine in China, or Africa, the Middle East or Latin America . . . children are regularly executed for crimes (instead of costly imprisonment).  I am sure if the author spent a few minutes on Google, state atrocities would leap out.  Instead, rhetorical points are being scored against the United States.&lt;br&gt;&lt;br&gt;&quot;International law prohibits the use of life without parole for those who are under 18. The United States is in violation of those laws.&quot;&lt;br&gt;&lt;br&gt;Those laws do not apply to the United States. Indeed, in the recent Mexican case, the Supreme Court explicitly rejected the asserted authority of the World Court to dictate or override Texas law.&lt;br&gt;&lt;br&gt;I am sure the author considers the rulings of the World Court to take precedence over American law and the Supreme Court.  Indeed, the above quote makes clear his view that international laws take precedence, and the US is violating those laws.&lt;br&gt;&lt;br&gt;The Supreme Court happens to explicitly disagree with the author on this.  Whatever.  The author KNOWS the US is violating international law, whatever the Supreme Court may say otherwise.&lt;br&gt;&lt;br&gt;&quot;The reasons children should not be given life sentences are quite simple. As the U.S. Supreme Court ruled in its landmark 2005 opinion in Roper vs. Simmons, it is unconstitutional to impose the death penalty on criminals for offenses committed when they were younger than 18. . . . This same rationale that led the court to outlaw the execution of juveniles applies equally to the second-harshest penalty&quot;&lt;br&gt;&lt;br&gt;Why should the same rationale apply equally . . . as the death penalty is generally regarded as being far more extreme a punishment than life imprisonment.  Children have a greater claim, the Court majority wrote - but not an ABSOLUTE claim.  There is a matter of proportion here.  The death penalty is outlawed for minors, as if applies to adults . . . but not life imprisonment without parole.   &lt;br&gt;&lt;br&gt;Indeed, where does one draw the line?  &lt;br&gt;&lt;br&gt;Arguably, there should be gradations.&lt;br&gt;&lt;br&gt;Does one believe that teenagers who murder people should receive psychological counselling, and immediately be released to the care of their families?  &lt;br&gt;&lt;br&gt;Countries such as the UK are dealing with unprecedented levels of youth crime, and teenagers who know they are effectively immune from justice.</description>
		<content:encoded><![CDATA[<p>The flaws in the cited author&#39;s arguments are legion.</p>
<p>&#8220;In the rest of the world combined, only seven people are known to be serving a life sentence for crimes committed when they were juveniles.&#8221;</p>
<p>Oh come on.  The author is being selective, and using the weasel term &#8220;are known&#8221;.   I imagine in China, or Africa, the Middle East or Latin America . . . children are regularly executed for crimes (instead of costly imprisonment).  I am sure if the author spent a few minutes on Google, state atrocities would leap out.  Instead, rhetorical points are being scored against the United States.</p>
<p>&#8220;International law prohibits the use of life without parole for those who are under 18. The United States is in violation of those laws.&#8221;</p>
<p>Those laws do not apply to the United States. Indeed, in the recent Mexican case, the Supreme Court explicitly rejected the asserted authority of the World Court to dictate or override Texas law.</p>
<p>I am sure the author considers the rulings of the World Court to take precedence over American law and the Supreme Court.  Indeed, the above quote makes clear his view that international laws take precedence, and the US is violating those laws.</p>
<p>The Supreme Court happens to explicitly disagree with the author on this.  Whatever.  The author KNOWS the US is violating international law, whatever the Supreme Court may say otherwise.</p>
<p>&#8220;The reasons children should not be given life sentences are quite simple. As the U.S. Supreme Court ruled in its landmark 2005 opinion in Roper vs. Simmons, it is unconstitutional to impose the death penalty on criminals for offenses committed when they were younger than 18. . . . This same rationale that led the court to outlaw the execution of juveniles applies equally to the second-harshest penalty&#8221;</p>
<p>Why should the same rationale apply equally . . . as the death penalty is generally regarded as being far more extreme a punishment than life imprisonment.  Children have a greater claim, the Court majority wrote &#8211; but not an ABSOLUTE claim.  There is a matter of proportion here.  The death penalty is outlawed for minors, as if applies to adults . . . but not life imprisonment without parole.   </p>
<p>Indeed, where does one draw the line?  </p>
<p>Arguably, there should be gradations.</p>
<p>Does one believe that teenagers who murder people should receive psychological counselling, and immediately be released to the care of their families?  </p>
<p>Countries such as the UK are dealing with unprecedented levels of youth crime, and teenagers who know they are effectively immune from justice.</p>
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		<title>By: SteveK</title>
		<link>http://themoderatevoice.com/21535/brandon-mcinerney-19-days-too-old-for-justice/comment-page-1/#comment-127726</link>
		<dc:creator>SteveK</dc:creator>
		<pubDate>Mon, 04 Aug 2008 04:39:48 +0000</pubDate>
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		<description>If you mean Thirteen (13) years PLUS 19 days... Why not just say it.&lt;br&gt;&lt;br&gt;The kid had been FOURTEEN for less than TWO weeks.</description>
		<content:encoded><![CDATA[<p>If you mean Thirteen (13) years PLUS 19 days&#8230; Why not just say it.</p>
<p>The kid had been FOURTEEN for less than TWO weeks.</p>
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