Your medical chart could include exercise minutes

CHICAGO (AP) — Roll up a sleeve for the blood pressure cuff. Stick out a wrist for the pulse-taking. Lift your tongue for the thermometer. Report how many minutes you are active or getting exercise.

Wait, what?

If the last item isn't part of the usual drill at your doctor's office, a movement is afoot to change that. One recent national survey indicated only a third of Americans said their doctors asked about or prescribed physical activity.

Kaiser Permanente, one of the nation's largest nonprofit health insurance plans, made a big push a few years ago to get its southern California doctors to ask patients about exercise. Since then, Kaiser has expanded the program across California and to several other states. Now almost 9 million patients are asked at every visit, and some other medical systems are doing it, too.

Here's how it works: During any routine check of vital signs, a nurse or medical assistant asks how many days a week the patient exercises and for how long. The number of minutes per week is posted along with other vitals at the top the medical chart. So it's among the first things the doctor sees.

"All we ask our physicians to do is to make a comment on it, like, 'Hey, good job,' or 'I noticed today that your blood pressure is too high and you're not doing any exercise. There's a connection there. We really need to start you walking 30 minutes a day,'" said Dr. Robert Sallis, a Kaiser family doctor. He hatched the vital sign idea as part of a larger initiative by doctors groups.

He said Kaiser doctors generally prescribe exercise first, instead of medication, and for many patients who follow through that's often all it takes.

It's a challenge to make progress. A study looking at the first year of Kaiser's effort showed more than a third of patients said they never exercise.

Sallis said some patients may not be aware that research shows physical inactivity is riskier than high blood pressure, obesity and other health risks people know they should avoid. As recently as November a government-led study concluded that people who routinely exercise live longer than others, even if they're overweight.

Zendi Solano, who works for Kaiser as a research assistant in Pasadena, Calif., says she always knew exercise was a good thing. But until about a year ago, when her Kaiser doctor started routinely measuring it, she "really didn't take it seriously."

She was obese, and in a family of diabetics, had elevated blood sugar. She sometimes did push-ups and other strength training but not anything very sustained or strenuous.

Solano, 34, decided to take up running and after a couple of months she was doing three miles. Then she began training for a half marathon — and ran that 13-mile race in May in less than three hours. She formed a running club with co-workers and now runs several miles a week. She also started eating smaller portions and buying more fruits and vegetables.

She is still overweight but has lost 30 pounds and her blood sugar is normal.

Her doctor praised the improvement at her last physical in June and Solano says the routine exercise checks are "a great reminder."

Kaiser began the program about three years ago after 2008 government guidelines recommended at least 2 1/2 hours of moderately vigorous exercise each week. That includes brisk walking, cycling, lawn-mowing — anything that gets you breathing a little harder than normal for at least 10 minutes at a time.

A recently published study of nearly 2 million people in Kaiser's southern California network found that less than a third met physical activity guidelines during the program's first year ending in March 2011. That's worse than results from national studies. But promoters of the vital signs effort think Kaiser's numbers are more realistic because people are more likely to tell their own doctors the truth.

Dr. Elizabeth Joy of Salt Lake City has created a nearly identical program and she expects 300 physicians in her Intermountain Healthcare network to be involved early this year.

"There are some real opportunities there to kind of shift patients' expectations about the value of physical activity on health," Joy said.

NorthShore University HealthSystem in Chicago's northern suburbs plans to start an exercise vital sign program this month, eventually involving about 200 primary care doctors.

Dr. Carrie Jaworski, a NorthShore family and sports medicine specialist, already asks patients about exercise. She said some of her diabetic patients have been able to cut back on their medicines after getting active.

Dr. William Dietz, an obesity expert who retired last year from the Centers for Disease Control and Prevention, said measuring a patient's exercise regardless of method is essential, but that "naming it as a vital sign kind of elevates it."

Figuring out how to get people to be more active is the important next step, he said, and could have a big effect in reducing medical costs.

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Online:

Exercise: http://1.usa.gov/b6AkMa

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AP Medical Writer Lindsey Tanner can be reached at http://www.twitter.com/LindseyTanner

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Pastor Accused of Killing Wives Faces Trial

Jury selection is scheduled to begin Monday for Pastor Arthur Schirmer, who is accused of killing his second wife and then staging a car accident to hide it.

Schirmer, 64, also faces a second trial at a later date for the death of his first wife. He has said he is innocent of all charges.

In 2008, the pastor and his wife, Betty, were involved in what appeared at the time to be a car crash. Schirmer told police at the time that he had been driving 55 mph and swerved to miss a deer, causing him to drive off the road, according to a police affidavit obtained by ABC News.

Schirmer also said at the time that his wife's head had come forward and struck the windshield, according to the affidavit. Betty died a day later and her body was cremated at the request of Schirmer.

It wasn't until a grisly suicide in 2010 inside Schirmer's office that authorities decided to revisit the case of Betty Schirmer's death and arrest the pastor.

The man who broke in and shot himself at the desk in Schirmer's office at the Reeders United Methodist Church, Joseph Mustante, was the husband of the pastor's secretary, Cynthia Mustante, Poconos Township Police Detective James Wagner said.

Pocono Record, David Kidwell/AP Photo

Mustante's suicide was prompted by the discovery that his wife and the pastor had apparently been having an affair, Wagner said. He was alone at the time of his death.

Investigators looking into the suicide say that several church parishioners had concerns about the deaths of Schirmer's two wives.

"That suicide eventually exposed the affair publicly and subsequent to that, questions arose about the loss of [Schirmer's] wives and his character became questionable," Wagner said.

Relaunching the investigation into the two deaths, Wagner said he quickly suspected that "foul play existed, and the car crash was staged," allegedly, by Schirmer. Wagner said investigators also believed there was something "suspicious" about the first wife's death, a marriage that investigators had not known about prior to the suicide.

Investigators Look Into Deaths of Rev. Arthur Schirmer's Wives

Schirmer's first wife, Jewel, died in April 1999 from a traumatic brain injury after she purportedly fell down a flight of stairs in Lebanon, Pa., Wagner said.

Lebanon is about 100 miles southwest of Reeders, where Schrimer later moved with his second wife.

At the time of Jewel's death, Wagner said, a relative told police that he suspected Schirmer may have had a hand in his wife's death but that the investigation was "never completed."

On Dec. 11, 2012 -- more than 13 years after Jewel died, a Lebanon County judge ruled Schirmer would be tried for her murder.

When investigators looked at the death of Betty Schirmer, they saw inconsistencies, Wagner said.

"There was no airbag deployment and it simply looked like a car that had driven off the road at a very low speed," Wagner said. "It didn't match the injuries to [Betty's head].

"I know there are people out there who probably know him and feel like there is absolutely no way he would be capable of doing this," Wagner of Schirmer. "But they clearly don't know him."

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Venezuela lawmakers elect Chavez ally as Assembly chief

CARACAS (Reuters) - Venezuelan lawmakers re-elected a staunch ally of Hugo Chavez to head the National Assembly on Saturday, putting him in line to be caretaker president if the socialist leader does not recover from cancer surgery.

By choosing the incumbent, Diosdado Cabello, the "Chavista"-dominated legislature cemented the combative ex-soldier's position as the third most powerful figure in the government, after Chavez and Vice President Nicolas Maduro.

"As a patriot ... I swear to be supremely loyal in everything I do, to defend the fatherland, its institutions, and this beautiful revolution led by our Comandante Hugo Chavez," Cabello said as he took the oath, his hand on the constitution.

He had earlier warned opposition politicians against attempting to use the National Assembly to "conspire" against the people, saying they would be "destroyed" if they tried.

Thousands of the president's red-clad supporters gathered outside parliament hours before the vote, many chanting: "We are all Chavez! Our comandante will be well! He will return!"

If Chavez had to step down, or died, Cabello would take over the running of the country as Assembly president and a new election would be organized within 30 days. Chavez's heir apparent, Maduro, would be the ruling Socialist Party candidate.

Chavez, who was diagnosed with an undisclosed form of cancer in his pelvic area in mid-2011, has not been seen in public nor heard from in more than three weeks.

Officials say the 58-year-old is in delicate condition and has suffered multiple complications since the December 11 surgery, including unexpected bleeding and severe respiratory problems.

Late on Friday, Maduro gave the clearest indication yet that the government was preparing to delay Chavez's inauguration for a new six-year term, which is scheduled for Thursday.

'CHAVEZ IS PRESIDENT'

Maduro said the ceremony was a "formality" and that Chavez could be sworn in by the Supreme Court at a later date.

The opposition says Chavez's absence would be just the latest sign that he is no longer fit to govern, and that new elections should be held in the South American OPEC nation.

Brandishing a copy of the constitution after his win in the Assembly, Cabello slammed opposition leaders for writing a letter to foreign embassies in which they accused the government of employing a "twisted reading" of the charter.

"Get this into your heads: Hugo Chavez was elected president and he will continue to be president beyond January 10. No one should have any doubt ... this is the constitutional route," he said as fellow Socialist Party lawmakers cheered.

The opposition sat stony-faced. One of their legislators had earlier told the session that it was not just the head of state who was ill, "the republic is sick."

Last year, Chavez staged what appeared to be a remarkable comeback from the disease to win re-election in October, despite being weakened by radiation therapy. He returned to Cuba for more treatment within weeks of his victory.

Should the president have to step down after 14 years in office, a new vote would probably pit Maduro, a 50-year-old former bus driver and union leader, against opposition leader Henrique Capriles, the 40-year-old governor of Miranda state.

Capriles lost to Chavez in October's presidential election.

"I don't think Maduro would last many rounds in a presidential race. He's not fit for the responsibility they have given him," Capriles said after the vice president's appearance on state television.

Chavez's condition is being watched closely by leftist allies around Latin American who have benefited from his oil-funded generosity, as well as investors attracted by Venezuela's lucrative and widely traded debt.

The country boasts the world's biggest crude reserves. Despite the huge political upheaval Chavez's exit would cause, the oil industry is not likely to be affected much in the short term, with an extension of "Chavismo" keeping projects on track, while a change in parties could usher in more foreign capital.

(Additional reporting by Deisy Buitrago; Editing by Vicki Allen)

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Kirin to sell its Tokyo HQs to reduce debts

TOKYO: Japanese beverage giant Kirin has decided to sell its Tokyo headquarters in order to reduce debts as it aggressively buys foreign firms in a bid to expand its global reach, a report said Sunday.

Kirin Holdings and its main subsidiary Kirin Brewery Company will sell their headquarters buildings in Tokyo to raise an estimated 15 billion to 30 billion yen ($170 million to $340 million), the Yomiuri Shimbun newspaper said.

The group will rent a different building in Tokyo as its global headquarters, the paper said.

The company will use the money to reduce debts accumulated after a series of major overseas acquisitions, according to the report.

In recent years the group has bought full or major stakes in Australian brewer Lion, Brazilian brewer Schincariol and Philippine brewer San Miguel, among others.

Many Japanese beverage firms have sought to expand overseas while the domestic market suffers chronic slow consumption, a shrinking population and younger people shunning alcohol.

- AFP/fa

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Keylong in Himachal Pradesh freezes at minus 10.4 degrees celsius

SHIMLA: Bone-chilling cold conditions swept across Himachal Pradesh on Sunday with Keylong freezing at a minus 10.4 degrees celsius, a meteorological official said.

While state capital Shimla shivered at 0.9 degree celsius, the minimum temperature at tourist resort Manali was 3 degrees below the freezing point.

Kalpa, around 250 km from here, recorded a low of minus 5 degrees Celsius, whereas Dharamsala was still warm at a minimum of 4.4 degrees. It was minus 0.6 degree in Sundernagar.

The official said the night temperature in Keylong in Lahaul and Spiti district fell further by 3.3 degrees from Saturday's minus 7.1 degrees.

But day temperatures across the state were up by an average of two to five degrees due to the dry weather.

The maximum temperature was 11.5 degrees in Shimla on Saturday, while it was 17.8 degrees in Dharamsala and 17.8 degrees in Solan.

Frost on the roads, making them slippery, has been hampering movement of vehicles, officials said.

The Met office has forecast dry weather in the next few days.

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FDA: New rules will make food safer

WASHINGTON (AP) — The Food and Drug Administration says its new guidelines would make the food Americans eat safer and help prevent the kinds of foodborne disease outbreaks that sicken or kill thousands of consumers each year.

The rules, the most sweeping food safety guidelines in decades, would require farmers to take new precautions against contamination, to include making sure workers' hands are washed, irrigation water is clean, and that animals stay out of fields. Food manufacturers will have to submit food safety plans to the government to show they are keeping their operations clean.

The long-overdue regulations could cost businesses close to half a billion dollars a year to implement, but are expected to reduce the estimated 3,000 deaths a year from foodborne illness. The new guidelines were announced Friday.

Just since last summer, outbreaks of listeria in cheese and salmonella in peanut butter, mangoes and cantaloupe have been linked to more than 400 illnesses and as many as seven deaths, according to the federal Centers for Disease Control and Prevention. The actual number of those sickened is likely much higher.

Many responsible food companies and farmers are already following the steps that the FDA would now require them to take. But officials say the requirements could have saved lives and prevented illnesses in several of the large-scale outbreaks that have hit the country in recent years.

In a 2011 outbreak of listeria in cantaloupe that claimed 33 lives, for example, FDA inspectors found pools of dirty water on the floor and old, dirty processing equipment at Jensen Farms in Colorado where the cantaloupes were grown. In a peanut butter outbreak this year linked to 42 salmonella illnesses, inspectors found samples of salmonella throughout Sunland Inc.'s peanut processing plant in New Mexico and multiple obvious safety problems, such as birds flying over uncovered trailers of peanuts and employees not washing their hands.

Under the new rules, companies would have to lay out plans for preventing those sorts of problems, monitor their own progress and explain to the FDA how they would correct them.

"The rules go very directly to preventing the types of outbreaks we have seen," said Michael Taylor, FDA's deputy commissioner for foods.

The FDA estimates the new rules could prevent almost 2 million illnesses annually, but it could be several years before the rules are actually preventing outbreaks. Taylor said it could take the agency another year to craft the rules after a four-month comment period, and farms would have at least two years to comply — meaning the farm rules are at least three years away from taking effect. Smaller farms would have even longer to comply.

The new rules, which come exactly two years to the day President Barack Obama's signed food safety legislation passed by Congress, were already delayed. The 2011 law required the agency to propose a first installment of the rules a year ago, but the Obama administration held them until after the election. Food safety advocates sued the administration to win their release.

The produce rule would mark the first time the FDA has had real authority to regulate food on farms. In an effort to stave off protests from farmers, the farm rules are tailored to apply only to certain fruits and vegetables that pose the greatest risk, like berries, melons, leafy greens and other foods that are usually eaten raw. A farm that produces green beans that will be canned and cooked, for example, would not be regulated.

Such flexibility, along with the growing realization that outbreaks are bad for business, has brought the produce industry and much of the rest of the food industry on board as Congress and FDA has worked to make food safer.

In a statement Friday, Pamela Bailey, president of the Grocery Manufacturers Association, which represents the country's biggest food companies, said the food safety law "can serve as a role model for what can be achieved when the private and public sectors work together to achieve a common goal."

The new rules could cost large farms $30,000 a year, according to the FDA. The agency did not break down the costs for individual processing plants, but said the rules could cost manufacturers up to $475 million annually.

FDA Commissioner Margaret Hamburg said the success of the rules will also depend on how much money Congress gives the chronically underfunded agency to put them in place. "Resources remain an ongoing concern," she said.

The farm and manufacturing rules are only one part of the food safety law. The bill also authorized more surprise inspections by the FDA and gave the agency additional powers to shut down food facilities. In addition, the law required stricter standards on imported foods. The agency said it will soon propose other overdue rules to ensure that importers verify overseas food is safe and to improve food safety audits overseas.

Food safety advocates frustrated over the last year as the rules stalled praised the proposed action.

"The new law should transform the FDA from an agency that tracks down outbreaks after the fact, to an agency focused on preventing food contamination in the first place," said Caroline Smith DeWaal of the Center for Science in the Public Interest.

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Gun Show Near Newtown Goes on Despite Anger

A little more than 40 miles from Sandy Hook Elementary School, where last month 20 first graders and six staff members were massacred, gun dealers and collectors alike ignored calls to cancel a gun show, and gathered for business in Stamford, Conn.

Four other gun shows with an hour of Newtown, Conn., recently cancelled their events in the wake of the shootings, when 20-year-old Adam Lanza broke in to the elementary school with a semi-automatic assault rifle and three other guns.

The organizers in Stamford emphasized their show only displayed antique and collectible guns, not military style assault weapons like the one used by Lanza in Sandy Hook.

Still, Stamford Mayor Michael Pavia had called for the show to close its doors, calling it "insensitive" to hold so close to the murders.

Gun show participant Sandy Batchelor said he wasn't sure about whether going ahead with the show was "insensitive," but said the shooter should be blamed, not the weapons he used.

"I don't have a solid opinion on [whether it is insensitive]," Batchelor said. "I'm not for or against it. I would defend it by saying it wasnt the gun."

In nearby Waterbury, the community cancelled a show scheduled for this weekend.

"I felt that the timing of the gun show so close to that tragic event would be in bad taste," Waterbury Police Chief Chief Michael J. Gugliotti said.

National Rifle Association News Conference Interrupted by Protesters Watch Video

Gugliotti has halted permits for gun shows, saying he was concerned about firearms changing hands that might one day be used in a mass shooting.

Across the state line in White Plains, N.Y, Executive Rob Astorino also canceled a show, three years after ending a had that had been in place since the 1999 Columbine High School shooting in Colorado. He said he felt the show would be inappropriate now.

But across the country, farther away from Connecticut, attendance at gun shows is spiking, and some stores report they can hardly keep weapons on their shelves with some buyers fearful of that the federal government will soon increase restrictions on gun sales and possibly ban assault weapons altogether.

"We sold 50-some rifles in days," said Jonathan O'Connor, store manager of Gun Envy in Minnesota.

President Obama said after the Sandy Hook shooting that addressing gun violence would be one of his priorities and Rep. Nancy Pelosi, D-Calif., said she would introduce an assault weapons ban this month.

But it is not just traditional advocates of gun control that have said their need to be changes in gun laws since the horrific school shooting.

Republican Sen. Kay Bailey Hutchison of Texas and Virginia Sen. Mark Warner, a Democrat but a long-time opponent of gun control who like Hutchison has received an A rating from the NRA, have both come out in support of strengthening gun laws.

In Stamford, gun dealer Stuart English said participants at the gun show there are doing nothing wrong.

"I have to make a living. Life goes on," gun dealer Stuart English said.

ABC News asked English, what he thought about the mayor of Stamford calling the show "insensitive."

"He's wrong," English said. "This is a private thing he shouldn't be expressing his opinion on."

If you have a comment on this story or have a story idea, you can tweet this correspondent @greenblattmark.

The Associated Press contributed to this report.

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Chavez swearing-in can be delayed: Venezuelan VP

CARACAS (Reuters) - President Hugo Chavez's formal swearing-in for a new six-year term scheduled for January 10 can be postponed if he is unable to attend due to his battle to recover from cancer surgery, Venezuela's vice president said on Friday.

Nicolas Maduro's comments were the clearest indication yet that the Venezuelan government is preparing to delay the swearing-in while avoiding naming a replacement for Chavez or calling a new election in the South American OPEC nation.

In power since 1999, the 58-year-old socialist leader has not been seen in public for more than three weeks. Allies say he is in delicate condition after a fourth operation in two years for an undisclosed form of cancer in his pelvic area.

The political opposition argues that Chavez's presence on January 10 in Cuba - where there are rumors he may be dying - is tantamount to the president's stepping down.

But Maduro, waving a copy of the constitution during an interview with state TV, said there was no problem if Chavez was sworn in at a later date by the nation's top court.

"The interpretation being given is that the 2013-2019 constitutional period starts on January 10. In the case of President Chavez, he is a re-elected president and continues in his functions," he said.

"The formality of his swearing-in can be resolved in the Supreme Court at the time the court deems appropriate in coordination with the head of state."

In the increasing "Kremlinology"-style analysis of Venezuela's extraordinary political situation, that could be interpreted in different ways: that Maduro and other allies trust Chavez will recover eventually, or that they are buying time to cement succession plans before going into an election.

Despite his serious medical condition, there was no reason to declare Chavez's "complete absence" from office, Maduro said. Such a declaration would trigger a new vote within 30 days, according to Venezuela's charter.

RECOVERY POSSIBLE?

Chavez was conscious and fighting to recover, said Maduro, who traveled to Havana to see his boss this week.

"We will have the Commander well again," he said.

Maduro, 50, whom Chavez named as his preferred successor should he be forced to leave office, said Venezuela's opposition had no right to go against the will of the people as expressed in the October 7 vote to re-elect the president.

"The president right now is president ... Don't mess with the people. Respect democracy."

Despite insisting Chavez remains president and there is hope for recovery, the government has acknowledged the gravity of his condition, saying he is having trouble breathing due to a "severe" respiratory infection.

Social networks are abuzz with rumors he is on life support or facing uncontrollable metastasis of his cancer.

Chavez's abrupt exit from the political scene would be a huge shock for Venezuela. His oil-financed socialism has made him a hero to the poor, while critics call him a dictator seeking to impose Cuban-style communism on Venezuelans.

Should Chavez leave office, a new election is likely to pitch former bus driver and union activist Maduro against opposition leader Henrique Capriles, the 40-year-old governor of Miranda state.

Capriles lost to Chavez in the October presidential election, but won an impressive 44 percent of the vote. Though past polls have shown him to be more popular than all of Chavez's allies, the equation is now different given Maduro has received the president's personal blessing - a factor likely to fire up Chavez's fanatical supporters.

His condition is being watched closely by Latin American allies that have benefited from his help, as well as investors attracted by Venezuela's lucrative and widely traded debt.

"The odds are growing that the country will soon undergo a possibly tumultuous transition," the U.S.-based think tank Stratfor said this week.

(Additional reporting by Marianna Parraga; editing by Christopher Wilson)

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AHTC unable to verify accuracy of reasons for software sale

SINGAPORE: Chairman of Aljunied-Hougang Town Council (AHTC) Sylvia Lim has responded to the recent statement by Dr Teo Ho Pin - on the sale of the software formerly owned by the town councils managed by the People's Action Party (PAP) to Action Information Management Pte Ltd (AIM) in 2011, prior to the General Election.

She said AHTC is not able to verify the accuracy of the reasons for the sale cited in the statement on January 2 by Dr Teo, who is the coordinating chairman of PAP town councils.

Ms Lim said the documents AHTC has on hand, including the tender documents, do not disclose many of the details mentioned.

She also said the reasons given underscore three fundamental facts.

First, the PAP-managed town councils sold off the computer and financial systems developed with public monies to a vehicle of the PAP, just prior to the General Election.

Second, according to the most recent statement of AIM Chairman, Mr S Chandra Das, AIM "as a PAP company" wanted to "be helpful to the PAP Town Councils".

Third, the PAP sees no issue with an arrangement allowing them to terminate the software agreements with any town council with one month's notice, if there's a material change in the town council's membership.

Ms Lim also questioned the one-month termination clause in the AIM contract, which Dr Teo considered "reasonable".

She said he himself indicated that it would take "maybe 18 to 24 months, or even longer" to assess new software and develop a replacement system.

Ms Lim said the question of how the PAP-managed town councils acted in the public and residents' interest in relinquishing their ownership of the systems to AIM has still not been answered.

"We leave it to the public to make their own judgement," she said.

In his 26-paragraph statement on January 2, Dr Teo explained why and how the PAP-run town councils came to have a sale and lease back deal with the PAP-owned AIM.

He said it would be better for the 14 PAP-run town councils to consolidate their software rights in a single party, which would then manage them on behalf of all the town councils, as well as source vendors to improve the system and address the deficiencies.

He added there's no basis to suggest that the transaction for AIM to provide computer services to the PAP-run town councils was improper or disadvantageous to the town councils.

- CNA/fa

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In US, juveniles now entitled to life imprisonment with parole for homicidal cases

MUMBAI: In the US, a minor arrested in a rape and murder case would have been tried in a regular criminal court and got sentenced to life in prison if convicted. Till about six months ago such a person would not even have been entitled to parole in over 20 states and be imprisoned till death. Many states provided for mandatory life sentence without possibility of parole even for juvenile offenders. Last June, the US Supreme Court set aside these laws as unconstitutional by a slim 5-4 majority.

The majority decision, written by Justice Elena Kagan, said that the policy violates the Eighth Amendment, which bans cruel and unusual punishment. The ruling relied on earlier case laws to hold that children under 18 lack the maturity to make sound decisions, and that mandatory sentencing leaves no room for discretion and towards a chance to reform. The SC held, "Imposition of a State's most severe penalties on juvenile offenders cannot proceed as though they were not children."

The US SC had earlier in 2005 in another precedent setting judgment in Roper Versus Simmons eliminated the juvenile death penalty which was being awarded for the last three decades. Five years later in 2010, in Graham Versus Florida state, the SC ruled that in non-homicidal crimes, life sentence without parole was unconstitutional. That decision affected over a 100 prisoners convicted of committing, before they turned 18, crimes like rape, armed robbery and kidnapping. In its latest decision on juvenile offenders, the US SC went a step further and insisted that judges and juries must even in killings by minors, "consider the characteristics of a defendant and the details of his offense before sentencing." The characteristics would include his life circumstances, violence in his life among other parameters. Parole is early conditional realease of a convict under supervision.

The cases before the court concerned two men who were involved in killings when they were 14 in 1999 when they tried to rob an Arkansas video store. Kuntrell Jackson then 14 was with two older youth when the three attempted the robbery but things went wrong and one of the older youths shot and killed a store clerk.

The US with around 25 of its States is one of the few countries that allows juveniles to be prosecuted as adults and sentenced to life without parole. There are more than 2,500 people currently in jail nationwide who fall under this category; and 79 of them were sentenced when they were 14 or younger. In September 2011, a report by the US Justice Department stated that a majority of the 50 states offered discretionary judicial waiver to transfer juvenile cases to adult criminal courts and 15 states had mandatory waiver for certain serious crimes. In the 1980s and 1990s, legislatures in nearly every state expanded transfer laws that allowed or required the prosecution of juveniles in adult criminal courts.

US is now studying the effects of such transfers on the crime statistics, but Mumbai advocate Swapnil Kothari, "Following the US example Indian legislature cannot afford to catnap even for a minute and amend the law to treat not only juvenile offenders as adults in some cases under the Indian Penal Code, but also, to treat the rapes of minors and small infants as rarest of rare." Juveniles' crimes are termed 'delinquencies' even if the offence in as serious as murder in criminal justice jurisdictions globally and every in North Americas and Europe have established special youth courts to deal with such under-age offenders for petty crimes to serious felonies. Although the Juvenile laws are made to ensure that youth in conflict with law are reformed as they are still young and amenable to correction, in US, states like Missisippi has laws that send a young offender to 30 years' in prison for sexual felonies for the first offence and to 40 years for the second. A felony is a serious crime and includes burglary, kidnapping, or murder.

In England, however, along with 'youth courts' the law allows juveniles to be tried along with adult co-defendents or by them selves in a regular criminal court and attract sentences that can extend over 14 years too or be of an "indeterminate nature''.

The law in England looks at a "vicious will'' to hold him accountable for a crime.

In England, the famous Blackstone's Commentaries on the Laws of England, drew the line between "infant" and "adult" at the point where one could understood one's actions way back in 1760. But UK which now has the minimum age for criminal responsibility at 10 and is facing a debate, is justifying it as an age where children understand between right and wrong. In France, the special youth courts handle trials of juvenile offenders even for serious crimes like rape and killings and have set up enclosed educational centres for remand under judicial supervision.

Asserted Kothari, "In line with India's ancestral English laws, the Juvenile Justice Act, 2000 and the Indian Penal Code, 1860 with its concomitant procedural acts should be revamped to ensure speedy justice. The Delhi gang-rape case must be treated as rarest of rare, to ensure that the five accused are sent to the gallows with the sixth juvenile who must meet his maximum three years with severity

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