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Book Review: Cipriani’s Children’s Rights and the Minimum Age of Criminal Responsibility

This install­ment in our ongo­ing series of book reviews looks at Children’s Rights and the Min­i­mum Age of Crim­i­nal Respon­si­bil­i­ty by Don Cipri­ani. Michael Gigante’s review takes a crit­i­cal eye towards the argu­ments Cipri­ani advances in favor of requir­ing all nations to estab­lish a min­i­mum age of crim­i­nal responsibility.

By Michael V. Gigante

Children’s Rights and the Minimum Age of Criminal ResponsibilityIdeas about the prop­er role of crim­i­nal respon­si­bil­i­ty in juve­nile jus­tice tend to fall along a wel­fare-jus­tice con­tin­u­um. The wel­fare approach, promi­nent at the birth of the mod­ern notion of a juve­nile jus­tice sys­tem, essen­tial­ly dis­missed the notions of com­pe­tence and crim­i­nal respon­si­bil­i­ty for chil­dren. State author­i­ties inter­vened to make benev­o­lent deci­sions on behalf of chil­dren, who were por­trayed as objects with­out lib­er­ty rights. On the oth­er end of the con­tin­u­um, the jus­tice approach—towards which clear shifts have occurred in recent decades—places crim­i­nal respon­si­bil­i­ty and children’s alleged com­pe­tence at the cen­ter of juve­nile jus­tice. Account­abil­i­ty, due process, and pun­ish­ment are the foun­da­tions of this approach. In Children’s Rights and the Min­i­mum Age of Crim­i­nal Respon­si­bil­i­ty: A Glob­al Per­spec­tive, Don Cipri­ani points out the flaws of both these approach­es and describes the mer­its of a children’s rights approach as a way to medi­ate between the ten­sions of the wel­fare and jus­tice approaches.

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Book Review: Begley’s Why the Dreyfus Affair Matters

This install­ment in our ongo­ing series of book reviews takes on Why the Drey­fus Affair Mat­ters by lawyer/novelist Louis Beg­ley.  Hugh Murtaugh’s com­pli­men­ta­ry review of Begley’s work inter­twines the Drey­fus and the Guan­tanamo nar­ra­tives.  Both Beg­ley and this review­er con­clude with the same lament from Proust: “As for ask­ing one­self about its val­ue, not one thought of it now .… It was no longer shock­ing. That was all that was required.”

By Hugh K. Murtagh

The sto­ry of Guan­tanamo Bay is not over. Pres­i­dent Oba­ma will not be able to shut­ter the island prison until at least 2011, and then only by mov­ing the remain­ing detainees to a state­side facil­i­ty. Time pass­es, details emerge: the “Camp Delta Stan­dard Oper­at­ing Pro­ce­dures” find their way onto the inter­net; a mil­i­tary judge will not allow the pros­e­cu­tion of a ter­ror­ist leader because he has been so bad­ly abused; Sami al-Hajj, the al-Jazeera jour­nal­ist held for years on chang­ing unsub­stan­ti­at­ed charges, is final­ly released to Sudan, with his diaries.

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