[Deathpenalty]death penalty news --- USA

[Joerg Sommer]

death penalty news

March 2, 2005


USA:

Death Penalty

Ruling correctly exempts 16- and 17-year-olds

The United States joined most of the world Tuesday in finally ending the 
execution of killers who were under 18 when they committed their crimes.

By a 5-4 vote, the Supreme Court ruled, correctly, that executing 16- and 
17-year-olds violates the Eighth Amendment ban on cruel and unusual 
punishment. The decision ended the shameful practice in 19 states and 
throws out the death sentences of about 70 juveniles.

The United States had been almost alone in permitting the execution of 
minors. Only six other nations allow it, and those countries, including 
Iran, Pakistan, Saudi Arabia and China, have practically abandoned the 
barbaric practice.

Tuesday's decision is consistent with earlier Supreme Court rulings that 
outlawed executions of the mentally retarded, and of those 15 and younger 
when they committed their crime.

The idea underpinning these rulings is simple: Maturity and mental capacity 
help determine a legal level of responsibility. Society doesn't extend 
adult rights to 16- and 17-year-olds because they don't possess the same 
maturity and judgment. Nor should they suffer the same consequences, 
especially death. Even the most ardent supporters of the death penalty 
ought to approve of the Supreme Court's decision.

Evolving community standards might eventually force the high court to 
reconsider the constitutionality of the death penalty itself. Poor people 
and minorities make up most of those on death row. Since the new science of 
DNA technology, the public generally recognizes that a disquieting number 
of death row inmates were actually innocent -- and that others not affected 
by DNA technology may also be.

For now, the Supreme Court continued to narrow the scope of the death 
penalty by making the right decision on the case before it.

Executing children is unquestionably cruel, unusual and unconstitutional.

(source: Editorial, Detroit Free Press)