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Africa Horn
Teen pirate raises legal, moral issues
2009-04-14
It hasn't taken long at all for the 'concerns' from all the right groups to be made public ...
WASHINGTON (AP) - U.S. officials, in deciding how to handle the lone surviving pirate from the hostage-taking of an American ship captain, must weigh the violence of the suspect's actions against his surprisingly young age.

Defense Secretary Robert Gates said Monday the four pirates were between 17 and 19 years old. Authorities had previously put the surviving Somali suspect's age at somewhere from 16 to 20. He surrendered Sunday, leaving a covered lifeboat where he and three other pirates had been holding merchant Capt. Richard Phillips hostage. Shortly after his surrender, the three others were killed by snipers. Phillips was rescued unharmed.

"Untrained teenagers with heavy weapons," Gates told a group of students and faculty at the Marine Corps War College. "Everybody in the room knows the consequences of that."

U.S. officials are now considering whether to bring the unidentified suspect to the United States or possibly turn him over to Kenya. If he is brought to the U.S., he'd most likely be put on trial in New York or Washington. Both piracy and hostage-taking carry life prison sentences under U.S. law.

Federal judges don't see many defendants younger than 18, said New Orleans-based lawyer Sandra Jenkins, who has handled such cases. "It's very rare," said Jenkins. "And usually, it's juveniles with adults involved, meaning a juvenile is charged with an adult or a group of adults."
Much hand-wringing commences forthwith:
In deciding when to charge a minor in federal court, the law requires officials to consider "the age and social background of the juvenile," as well as the nature of the offense.

Verifying the background of this particular teenager may be difficult to impossible. Somalia has suffered nearly 20 years of anarchy, ruled chaotically by rival clans employing pickup trucks mounted with anti-aircraft guns.

Asked how the suspect's age might factor into the decision whether to prosecute him in the United States, Justice Dept. spokesman Dean Boyd said only that they were considering "the evidence and other issues" in the case.

Jo Becker, a D.C.-based advocate for Human Rights Watch, said if the pirate suspect is in fact 16 or 17 years old, "he would certainly be entitled to protections under international law that allow for lower culpability of juveniles involved in crimes."
Then again, he was perfectly capable of pulling the trigger of the weapon that would have killed Captain Phillips.
Becker says international law recognizes that people under 18 are "less developed, less mature, and more easily manipulated by adults."

Ideally, Becker said, an underage suspect would be tried in a juvenile court, with special protections given his age. "He would need to have access to family members. Throughout the whole process, there needs to be a special view to his rehabilitation," she added.
There you go, we're going to rehab the lil' dickens ...
Kenneth Randall, dean of the University of Alabama School of Law, said the suspect's age may not affect where or how he is charged, but is likely to impact his eventual sentence. "When it comes to international attention, they do have to be mindful of the mitigating circumstances of his age," said Randall.
Posted by:Steve White

#14  Since no good guys were killed or even seriously injured in this incident, what kind of sentence could he expect from a US court?

Come to think of it could the Alabama crew be in legal trouble for using disproportionate violence, or illegal imprisonment and extortion?

I wouldn't be surprised if this young pirate filed a civil suit for damages with the aid of some upstanding ambulance chaser lawyer.

A jury in Minnesota packed with his countrymen might be quite sympathetic...
Posted by: Whineger Black9201   2009-04-14 17:05  

#13  I do not know what they will do with this pirate kid, but he was stabbed in the hand with an ice pick, beaten up by sailors, tied up for 12 hours, was bleeding all over the ship, and spent 5 days in an oven in a row boat. At a minimum, he is no good at piracy, he needs to take up another line of work. I am not sure the sailors will be safer, but the kid pirate will be safer.
Posted by: whatadeal   2009-04-14 16:45  

#12  C'mon, you guys. He's really a nice kid once you get to know him.
Posted by: Ebbang Uluque6305   2009-04-14 16:37  

#11  He needs to "escape" by diving into the sea with both achilles tendons cut and a couple of bleeding wounds. He can swim to Somalia - it's only about 250 miles from where they are. Some piece of him might make shore...
Posted by: Old Patriot   2009-04-14 14:11  

#10  You trying to tell me that 4 joyriding youths were bored, drove by a pirate cove, rented a vessel and satellite phone, closed on and boarded a ship in big water, fought for control and took hostages, issued a pirate in distress call, were untrained?!

Maybe the training is not to Marine Corp War College standards but I would guess that, with an employer's market, the pirates would field a crew who at least had basic rifle handling skills, especially so from Somalia, as well as ocean navigation and boarding techniques.
Posted by: swksvolFF   2009-04-14 13:44  

#9  "He would need to have access to family members. Throughout the whole process, there needs to be a special view to his rehabilitation," she added.

Geez, honey. It's not like he lit up a bag of dogshit and rang a doorbell. Why don't you adopt him?
So...Kenya or the US? Which do you think our young swashbuckler might pick?
Posted by: tu3031   2009-04-14 13:44  

#8  Â“Â…there needs to be a special view to his rehabilitation."

If rehabilitation means swinging from the yardarm – then I’m all for it.
Posted by: DepotGuy   2009-04-14 11:17  

#7  Like the picture of the two pirates.

perhaps the poor "Yoot" can be induced to commit suicide in his cell. Used his dinner spoon, he did.

Shoved it right down his airway while he was eating. Choked to death. There was nothing we could do.
Presto. Buried him at sea, the refrigerator was too small, no autopsy. More tea?
Posted by: Angleton9   2009-04-14 10:02  

#6  "Untrained teenagers with heavy weapons," Gates told a group of students and faculty at the Marine Corps War College. "Everybody in the room knows the consequences of that."

Um, they sign a contract with a rap label?
Posted by: Pappy   2009-04-14 09:55  

#5  The obvious solution is to turn him over to Kenya where they won't tie themselves into knots over the 'conundrums.' If the US legal system gets involved, millions of dollars will be wasted.
Posted by: Odysseus   2009-04-14 09:42  

#4  Redneck, the "alleged piracy incident" occurred on a vessel with US registry. We do have jurisdiction (for now, until some judge in Europe decides we are being unreasonably harsh on the poor yute and goes after a random official in the DOJ).
Posted by: Cornsilk Blondie   2009-04-14 07:27  

#3  Old enough to carry
Old enough to bury.
Posted by: Atomic Conspiracy   2009-04-14 06:54  

#2  Old enough to carry
Old enough to bury.
Posted by: Atomic Conspiracy   2009-04-14 06:53  

#1  Ummm, The US Supreme court sems to have forgotten the US part of their title.

YOU HAVE NO JURISDICTION TO PIRATES ON THE HIGH SEAS
Posted by: Redneck Jim   2009-04-14 04:50  

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