The Supreme Court of the United States has Been Called Upon to Determine the Legality of the Juvenile Death Penalty in Michael Domingues v. State of Nevada
Constance De la Vega
University of San Francisco School of Law
affiliation not provided to SSRN
July 2, 2008
Whittier Law Review, Vol. 21, No. 1, 1999
This article summarizes the arguments made against the juvenile death penalty in a U.S. Supreme Court amici curiae brief in Domingues v. State, 961 P.2d 1279 (Nev. 1998), cert. denied, 528 U.S. 963 (1999), and rebuts some of the State's propositions made in its response. It argues that United States' obligation to faithfully comply with its treaty obligations (particularly under the International Covenant on Civil and Political Rights), as well as the customary international law and jus cogens norm do not permit the execution of juveniles for crimes committed while below the age of eighteen.
Number of Pages in PDF File: 16
Keywords: Juvenile death penalty, Domingues v. State of Nevada, capital punishment, cruel and unusual punishment, international law, human rights
Date posted: July 6, 2008
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