Tuesday, 15 February 2022

Three cases that lead to shaping the juvenile justices

 THREE CASES THAT SHAPED THE JUVENILLE  JUSTICES 


BY SRIHARI.S


The Indian Penal code is the act which regulated all the offenders. All murders all the culpable homicide but all the culpable homicide are not murder. In the concept of the general exception   the offences when the crime is not been done when he was at the age of below 16 years. Down below there are summary of the case law with the issue which you can have idea shaped they shaped the juvenile justices.                                                                                                                  


Case summarizes of three with the Issues 

Ropans v Simmons 

In this case law the court said that the supreme court said the unconstitutional means here it is not supporting the legal article or violation of the legal clause is said as unconstitutional for youth who was under 18 years old to go for the death sentences. 

Issue 

Whether there were violations of the fundamental rights?

Whether there were defenses by the boy taking that the under 18 years there is no punishments? (Means they will not get punishment like an adult does a crime like rape but they are treated separately treated in the juvenile justices).


Graham vs Alabama

In the supreme court held that the person was been went to sentences under the age without the possibility of parole for non-homicidal crime is the violation of the 18th amendment. Ruling the requires states gives juveniles a “meaning full opportunity to obtain release based on demonstrated maturity and rehabilitation “.


                                                   Milla vs Albama 

The 2012 of the Milla v Albama ruling made the unconstitutional same as in the case of Ropans v Simmons where the person was going to set to go for the parole. But when there was another hearing there was no parole. 

Issues 

            Whether there is violation of the fundamental right in their constitution of right to life ?

            Whether is the crime that has been done by the offender that amounts to double jeo para

             da?  

            Whether the judgement made by the court is discreting the law? 

The above where the cases which lead to the major changes that took place in the concept of the juvenile justices. In the case of first case and the third case it clearly talks about where there is the violation of the fundamental right also as per the section in the Ipc it talks where the offences are done which comes under the age. 



  



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