Should The Surviving Somali Pirate Be Tried…In Juvenile Court?


Piracy On The High Seas Is Not Joyriding

It’s so hard to do satire these days, because the truth is so often beyond parody. The last of the heavily-armed pirates who stormed the Maersk Alabama, held a paralyzed U.S. Navy at bay for three days and repeatedly threatened to execute their hostage unless they were paid millions in ransom may well be tried in the United States for piracy. This is probably the right call, since this is piracy against American ships, although really it would have been better if all the pirates had been killed on the spot. Where this gets bizarre is the suggestion that an act of piracy on the high seas should be treated as a juvenile crime because the pirates reportedly were somewhere between age 16 and 20:

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.”

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.

People like Ms. Becker are precisely why it’s a bad idea to take anybody alive in these situations. And of course, concern about pressure from the ‘international community’ may come into play:

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.

Yes, I look forward to a Somali pirate becoming the next Mumia or Zacarias Moussaoui. Hooray for us lawyers!


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24 Comments Leave a comment

Oh man....

NeoKong (Diary) Monday, April 13th at 7:05PM EST (link)

You just wait until that kid gets here and goes on camera.There will be a collective sigh “Oh but he’s so young” from all the lefties.Then we will hear all the sob stories about what a hard life he has had in Somalia and how his family is dead or something bluh bluh blah.

That kid will get with an ACLU pro bono attorney and he will end up with a green card and a subsidized apartment.
Just watch.He will become a symbol for all the worlds poor who are driven to crime and terror because of the wealthy United States.
It;s gonna’ be a circus.
We will see if Obama’s justice dept. can drop the hammer on this kid or if they will roll over and give him a big squishy hug.

Follow me on Twitter.

 

Only if he can provide his birth certificate!

Lammo (Diary) Monday, April 13th at 7:17PM EST (link)

n/t

Don’t be so open minded that your brains fall out. (John Corapi, The Black Sheep Dog)

he has one in Hawaii, but you can't see it

Next93 (Diary) Monday, April 13th at 8:04PM EST (link)

n/t

Obama was The One in 2008.
He’ll be a BIGGER one in 2012.

 
 

I must have misread that AP article.

Kenny Solomon (Diary) Monday, April 13th at 7:35PM EST (link)

Americans when attacked don’t think or act like that.

Truthfully, my only pending issue on this matter is the preferred caliber and projectile format that’s going to be used to off this p.o.s. TERRORIST masquerading as a human f-ing being.

Gee, I sounded quite angry there. I wonder why ?

Must be just me.

 

Respect for Somali culture demands only one answer

Next93 (Diary) Monday, April 13th at 8:03PM EST (link)

Turn him back over to his own countrymen, where they’ll chop off his head.

Sometimes, this diversity thing can be FUN!

Obama was The One in 2008.
He’ll be a BIGGER one in 2012.

Sounds like a plan.

Raven (Diary) Monday, April 13th at 8:37PM EST (link)

Let’s do that…

“If you do not have a sword, sell your cloak and buy one.”
Luke 22:36

 

Fair is fair for the Somali pirate

GreyCloak (Diary) Tuesday, April 14th at 3:17AM EST (link)

Pirate punishments have varied, but the usual course was once simply hanging.

Currently. pirates are “international criminals” and are generally imprisoned.

We need to get over our obsession with “poor little children.” Our captured Somali is not a High School student who could be adopted by Madonna and resurrected. Under Islamic law (and Judaic too, for that matter), the kid has been a Man since he turned thirteen. Bad actions carry bad consequences.

Incidentally, he killed no one, so he is not subject to head-chopping. He stole nothing, so he is not subject to hand-chopping. Under Islamic law. He may have committed a crime worthy of public lashing.

 
 

given that this guy could be

streiff (Diary) Monday, April 13th at 8:08PM EST (link)

classified as a child soldier he would be eligible for political asylum. Hopefully in Hyde Park

“What keeps me here is the reek of beer, the ladies and the craic”

At least POW status would make sense

Raven (Diary) Monday, April 13th at 8:39PM EST (link)

Piracy or Privateering has been a recognized form of war for millenia.
Of course, THOSE soldiers and sailors have always been subject to summary execution because it’s still a recognized form of terrorism…

“If you do not have a sword, sell your cloak and buy one.”
Luke 22:36

 

Not that it necessarily applies here, but it could be a tough question

leftylurker (Diary) Monday, April 13th at 11:08PM EST (link)

What do you do if the captured pirate is 14 or 15? It *is* kind of hard to fully blame a child soldier for their actions.

Rule 303

streiff (Diary) Tuesday, April 14th at 6:02AM EST (link)

covers this eventuality

“What keeps me here is the reek of beer, the ladies and the craic”

Ok, I'll bite...

Next93 (Diary) Tuesday, April 14th at 8:25AM EST (link)

What is rule 303?

Obama was The One in 2008.
He’ll be a BIGGER one in 2012.

two part answer

streiff (Diary) Tuesday, April 14th at 9:04AM EST (link)

part one

part two

“What keeps me here is the reek of beer, the ladies and the craic”

I think you like having a few libs around

leftylurker (Diary) Tuesday, April 14th at 9:08AM EST (link)

Just for pure chain jerking.

I swear, i started having a lot more fun when i realized that you all were having fun to.

 

Your clarity of vision is refreshing. n/t

janis (Diary) Tuesday, April 14th at 9:09AM EST (link)
 
 
 

It DOESN'T apply

Next93 (Diary) Tuesday, April 14th at 5:24PM EST (link)

There’s a huge difference between terrorists-with-titles sticking an AK47 into the hands of a child and using him as cannon fodder, and a 14 year-old member of the closest these thugs get to an elite commando team.

Obama was The One in 2008.
He’ll be a BIGGER one in 2012.

 
 
 

How long until

youthgrunt (Diary) Monday, April 13th at 8:26PM EST (link)

we begin hearing how this is our problem for not solving the third world’s economic problems? (or more likely, that we have exploited him and his people)

 

I say let him go right now.

Common_Cents (Diary) Monday, April 13th at 8:40PM EST (link)

Yes, make him jump ship. He can be free if he can swim the 100 miles to shore.

Obama=Golfer in Chief, Leading from, behind, the Back Nine.
Leaders don’t create movements. Movements create leaders. Get involved. Your future depends on it.
Govt “invests” YOUR tax money for POLITICAL return rather than economic return.

Actually, setting him free in Somalia might not be a bad idea

David123 (Diary) Monday, April 13th at 9:09PM EST (link)

He’ll cost the taxpayers more at Leavenworth or Guantanamo than he will, fending for himself in Somalia. He’ll probably die sooner of natural or manmade causes in Somalia than he will if he’s put on death row in the United States.

Will he be a recidivism problem? I don’t know – if he can do math, he knows he’s only got a 25% chance of surviving if he tries another stunt like this. As a practical matter, one pirate more or less doesn’t make much difference – irradicating pirate nests is what will irradicate piracy. So let him go, and irradicate a few pirate nests – maybe he’ll be in one of the nests that get irradicated.

By the way, there’s a term for the solution you suggested – It’s called “Walking the Plank”, and it does kind of fit pirates, in an Old Testament sort of way.
:-)

David123

 
 

Cut him in half and count the rings?

jarrod21 Tuesday, April 14th at 1:39AM EST (link)

That works with people too, right?

 

Are there fish where they are?

mom2oneson (Diary) Tuesday, April 14th at 3:28AM EST (link)

If he could be on a boat and everything what about fishing? Even with a hard life what about fishing to help himself and his family? Or if no gov is a problem there and obviously piracy is what about hiring himself out as security? If there is so much trade in that area there has to be people there from other places, he could certainly meet people to learn new things.

 

Well then it's only FAIR that we move his family here right?

bk (Diary) Tuesday, April 14th at 3:36AM EST (link)

After all, we kidnap their son, move him halfway across the world, imprison him, and put him on trial. As those great bastions of liberty Human Rights Watch mentioned: “He would need to have access to family members.” Well he can’t have much access to them unless they are here, right?

Can't stop there...

Next93 (Diary) Tuesday, April 14th at 8:23AM EST (link)

We have a large Somali population in the Twin Cities (really!), and the Somali Justice Center (I am *not* making this up!) and the local fishwrap constantly tells us how difficult life here is for them. The family will need welfare payments, an on-call translator, housing assistance, food stamps, medical care (in Somali), a Somali-speaking police force, special criminal laws (rape isn’t really rape in Somali culture, it appears), special arrangements in the workplace (a place to wash feet and pray, 5 breaks a day, and the right to refuse to do any work that might offend relgious sensibilities, like a cashier refusing to sell pork products and cab drivers refusing to drive people with guide dogs and/or liquor) and if one of them dies there will be a need for a Somali-style funeral service.

Anything less would be an act of white imperialism, right?

Obama was The One in 2008.
He’ll be a BIGGER one in 2012.