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Delhi Gang-Rape Case Study

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Kenzie Marie Houk lying on her bed in Western Pennsylvania Farmhouse could not have foreseen the events that were yet to be unfolded. She was eight months pregnant and was shot by 11 year old. Neither could an 8 year old girl who was raped by a 14 year old boy in Kent, Washington. Nor could the 23 year old female physiotherapy intern who was beaten, assaulted and gang raped by 6 men in a moving private bus, where one of the assaulters was a 17 and half year old. These incidents have shocked the conscience of humanity. The tragic link between the three cases across different jurisdictions is increasing number of heinous crimes committed by juveniles. In the first case Jordan Brown was charged for shooting and adjudicated guilty. He was initially tried as an adult but after spending three years in detention he was tried as a juvenile. In the second case, the 14 year old was initially booked into juvenile detention for rape but later was charged as an adult with heavy fine. While in the ‘Delhi Gang-Rape Case’ the 17 and half year old boy was tried as a juvenile and was sent to detention facility for a period of 3 years.
Comparing the juvenile justice laws as USA had not ratified the …show more content…
Simmons it was held that it was unconstitutional to award death sentence to juvenile offenders who were below the age of 18 years. In Graham v. Florida it was laid down, juvenile offenders will not be sentenced to life imprisonment without parole for non-homicide offences (Excluding murder). In Miller v. Alabama it was laid down that court could sentence the juvenile under the age of 18 years for life imprisonment, it is not for bided. The judges have to consider the defendants nature of crime. Through these landmark judgments we infer that the juvenile justice system does not provide immunity to all the juvenile offenders irrespectively. They are awarded life imprisonment subject to the nature of crime and there

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