ABA policy

When the government did not recognize the juveniles as persons, how it will give capital punishment. Where is vicarious responsibility? In the United States, in Florida or in anywhere in the world, if any damage caused by the pet dog to the people or property who are the responsible. The owner of the pet dog. Is not it? Here who are owners for the juveniles? The parents or guardians, the entire system of the government and society also. Because juveniles are influenced by everybody and everything. They cannot act themselves.

If the society protected by itself, the juvenile might not have contacted with the crime. The building are fully protected with the specific measures can anybody enter in the building without permission. When the juveniles are entering with the victimized people, they might have given more than the required freedom and they are not made any protections from their selves. Why they have given such freedom to attraction of crime by the juveniles. So it is fault of the victimized people only. The Juveniles not made the murders to the Childs or minors.

The juveniles might have committed with the murders with adults only. When the juveniles deserves to be protected by the adults/guardians/society/community and when victims those who are adults not taking much care about their protection for their lives and assets, naturally it will happen. It is not the responsibility of the juvenile. If you take another example with the insurance agency. When there is a damage of the property/asset and goes for claim of insurance, the agency see whether you have taken all protective measures which were listed in the annexure.

So it is the equal importance to the victim also allowing the juvenile for the victim’s place. If there is any accident with the motor vehicle owned by the government, who is responsible for that one. The government cannot escape its vicarious responsibility. Hence death penalty to the juveniles cannot be imposed, even no other penalty should be imposed. The entire American system will develop the penalty may be imposed to the parents/guardians/society/government instead to the juveniles.

When the United States not accepting the child/juvenile as independent person in every angles such as voter cards, bank accounting openings, school/college admissions without the parent/adult/guardian of the juvenile what is the question of giving death sentence to the juvenile. The basic idea of the government itself wrong. The government thinking one-way and treating another way according its convenient without taking any research methods done by the outside agencies.

The death penalty is an inappropriate penalty for individuals who have not attained full physical or emotional immaturity at the time of their actions. At present thirty-eight states and the federal government have statutes authorizing the death penalty for certain forms of homicide. . In the world, the United States accounts for the majority of known juvenile offender executions and it has more juveniles on death row compared to any other country. The United stands alone among western, democratic nations who impose the death penalty to the juveniles

Many juvenile offenders on death row suffered for inadequate judicial proceedings and effective legal representation. It is also evidenced that most of juvenile offenders who have been sentenced to death are already executed with their backgrounds such as poverty, drug abuse, and mental illness, suffer from mental illness, brain damage, physically or sexually abused. The juvenile actions are based on the background of their living area, which mostly low class areas. The teenagers are less mature and hence less culpable than adults who commit similar acts.

The Adolescence is a transitional period in which it is beginning of life where the emotions, judgment, impulse control and identity are still developing. According to neuro science revealed that the brain continues to develop into the early twenties with the executive functions such as impulse control, identity, decision making. The morality development will come in the last stage i. e. around 20 age. Due to the immaturity only, the elders do not allow the juveniles to accept he major responsibilities of adulthood.

The major responsibilities laid by government include military combat service, voting, entering into contracts, drinking alcohol or making medical decisions etc. Giving Capital punishment to the juvenile offenders does not suit the society’s traditional justifications. The minors included juveniles. The minors are unable to assume the measure of accountability for the mistakes are actions. The juveniles do not the consequences simply they will do for which they will receive or negative results.

They will be in such mind to taste the everything and they will settle in that matters after becoming the adultery. That is why their interests will not be counted. One more thing it should be noted the death penalty effectively deters the you from committing violent crime. The providing death penalty to the juveniles costs the he society more to execute a than to imprison them for life. The execution of single individual costs approximately $2. 5 million, which begins from prosecution, maintain on death row and execution.

Of course the Supreme Court gave the decision not to give the capital punishment to the juveniles in the United States and the same thing will be observed by all the courts only till further judgment on the same issue. If after sometime, the judgment reversed, again all other courts should follow to give capital punishment which is not acceptable nationally and universally as giving capital punishment to juveniles leads immoral and unethical for such wrongs committed by the juveniles influenced by the society.

Hence the juveniles should not be given for capital punishment.

REFERENCES

1. American Bar Association, Report of the Section of Criminal Justice, ABA policy on the juvenile death penalty 2. On the wrong side of history, New York Amnesty International 3. http://www. internationaljusticeproject. org/juveniles. cfm International Justice Report 4. Supreme court decision during 2005 with the case of Roper Vs Simmons 5. http://www. hawaii. edu/hivandaids/Juveniles_and_the_Death_Penalty. pdf 6. Capital punishment. Written by Ron Fidel