title: The implications of Articles 37 and 40 of the Convention on the Rights of the Child for U.S. juvenile justice and U.S. ratification of the convention.
abstract: The Convention on the Rights of the Child (CRC) guarantees that children accused of crimes will have the right to fair court procedures and humane sentences. Current U.S. laws concerning the child's age when a court has jurisdiction, and others concerning sentencing practices and the place of confinement, contravene the provisions of the CRC. Some U.S. laws are consistent with the treaty but are nonetheless not enforced. Recent developments, including increasing understanding of brain development, U.S. Supreme Court decisions on the constitutionality of punishments for children, and the Committee on the Rights of the Child General Comment 10, will have substantial impacts on U.S. ratification. This article discusses Articles 37 and 40 of the CRC and their effect on U.S. practices if the treaty is ratified.
authors.affiliation: Georgetown University, Law Center, USA.
authors.forename: Wallace J
authors.initials: WJ
authors.lastname: Mlyniec
mesh_terms: D000293:Adolescent; D002648:Child; D002651:Child Advocacy / Q000331:legislation & jurisprudence*; D003415:Crime / Q000331:legislation & jurisprudence*; D003416:Criminal Law / Q000331:legislation & jurisprudence*; D006801:Humans; D007604:Juvenile Delinquency / Q000331:legislation & jurisprudence*; D011330:Prisons / Q000331:legislation & jurisprudence; D014480:United Nations; D014481:United States