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Citation |
Walker NE. Behav. Sci. Law 2001; 19(1): 143-169. |
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Copyright |
(Copyright © 2001, John Wiley and Sons) |
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DOI |
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PMID |
unavailable |
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Abstract |
This article supports the position that the 1989 United Nations Convention on the Rights of the Child (CRC) articulates a prohibition of capital punishment of juveniles that now must be considered a norm of jus cogens. The article provides statistics and trends regarding juveniles who commit capital crimes and describes how the U.S. justice system handles such juveniles, including Eighth Amendment analyses of juvenile executions under the U.S. Constitution. The article also discusses community consensus regarding evolving standards of decency, describes international law on the capital punishment of juveniles, and outlines worldwide trends in juvenile executions. It then defines and describes the concepts of customary international law and jus cogens , applying these concepts to the problem of the execution of juveniles in the United States. The article concludes by suggesting that there is a moral imperative for universal prohibition of juvenile capital punishment and by speculating about the domestic effects of applying such a jus cogens norm in the United States. (Abstract Adapted from Source: Behavioral Sciences and the Law, 2001. Copyright © 2001 by John Wiley and Sons) |