The capital punishment to the children i. e. juveniles has been rejected by the international community. Article 37(a) of United Nations convention indicates the following which is based on the Right of the Child (ROC) “Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age”. The restriction/prohibition also recognized by the following conventions also. 1. The International Covenant on Civil and Political Rights 2.
American Convention on Human Rights 3. African Charter on the Rights and Welfare of the Child. The prohibition is based on the universal principle that the child does not have the same developmental maturity and responsibility of a mature adult. It is inevitable to consider the child’s mistake in such consideration that child can realize the mistakes over a period of time i. e. maturity. Hence capital punishment should not be provided to the juveniles. FLORIDA The youth population under the 18 was approximately 3,423,100.
Out of them 12% people were living in families with incomes below 50 percent of the poverty level. Besides more than 24 percent of children under age 13 were living in working poor families or with one parent. The single parent may work more than 50 hours a week in order to meet the basic needs. The famous female offences are larceny, simple assault, burglary, motor vehicle theft, drug arrest, liquor law violations vandalism and weapons violations. During the 1972, the Supreme Court held that capital punishment was unconstitutional and stuck down the state death penalty laws nationwide.
With this effect, 95 men and one woman on Florida’s death Row were commuted to life in prison. The Florida legislature revised the death penalty statutes. But during 1976, the Supreme Court overturned its rulings and upheld the constitutionality of the death penalty in the case of Greegg vs Georgia. Then Florida again stated death penalties from 1979. Mr. John Spenkelink is first death row inmate who was executed under the new statutes. The practice of execution of juvenile offenders disturbs the society’s vision.
The vital legal argument is the juvenile death penalty is violets the state’s constitutional provision and international law. The minimum Death Penalty age by American Jurisdictions is as follows. The details are state wise given below: The scientific research shows that minors don’t have the same capacities as adults to control their feelings and they cannot imagine the consequences of their actions. Due to these reasons only the minors have not been given voting power and even they are not allowed to contracts.
The minors will have pickle mind and they do not have concentration on anything and it is fluctuating mode. Hence the adults should be alert with the juveniles. It is the responsibility of adults but not the faults of minors. When the monkey is going, the adults do not hesitate to go back instead if they feel superiority it leads to happening of the crimes. The child turns to minor becomes to major. Before becoming major or adult member there is one another stage called juvenile. On becoming the adult it can be assumed that the person has some maturity, of course if mentally not retarded.
With regard to the Childs minors and juveniles, those persons will not have sufficient and only they have innocence, childishness etc. The total world including United States did not recognize them as persons. Person is a only adult member. If the income is received by such persons i. e. child, minor, juvenile, the attraction of tax on the guardians. If that the persons want to join the college, it is again with the parent or guardians only. For everything the help and assistance of parents or guardians need it. And hence for every acts of them the parents or guardians only responsible.