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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

16 Pages Posted: 6 Jul 2008  

Constance de la Vega

University of San Francisco School of Law

Jennifer Fiore

affiliation not provided to SSRN

Date Written: July 2, 2008

Abstract

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.

Keywords: Juvenile death penalty, Domingues v. State of Nevada, capital punishment, cruel and unusual punishment, international law, human rights

Suggested Citation

de la Vega, Constance and Fiore, Jennifer, 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 (July 2, 2008). Whittier Law Review, Vol. 21, No. 1, 1999. Available at SSRN: https://ssrn.com/abstract=1154778

Constance De la Vega (Contact Author)

University of San Francisco School of Law ( email )

2130 Fulton Street
San Francisco, CA 94117
United States

Jennifer Fiore

affiliation not provided to SSRN

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