By HOPE YEN, Associated Press Writer WASHINGTON - The Supreme Court ruled Tuesday that the Constitution forbids the execution of killers who were under 18 when they committed their crimes, ending a practice used in 19 states. The 5-4 decision throws out the death sentences of about 70 juvenile murderers and bars states from seeking to execute minors for future crimes. The executions, the court said, were unconstitutionally cruel. http://story.news.yahoo.com/news?tmpl=story&e=2&u=/ap/20050301/ap_on_go_su_co/scotus_death_penalty
The Eigth Ammendment is an evolving standard, even the strictest of Constitutionalist recognize this, so the USSC is recognizing that at this time we consider there are key differences in regard to culpability between juveniles and adults. A lot of the testimony they heard involved looking at brain development and decision making capabilities that wouldn't have been known in earlier times when executing juveniles was acceptable. In the past 100 years or so we've considered it cruel to execute someone who because of mental incapacity can't be shown to be culpable of the crime, insanity defense. THis is an extension of that to saying that its cruel to execute juveniles when developmentally they aren't mentally capable of being culpable for their crimes. Perhaps this thread should be combined with the other thread on the same subject.
The executions, the court said, were unconstitutionally cruel. Kill someone when you are 18 and you get a walk. Kill someone when you are 19 and you get a needle. I do not grok. We all know people who are over 18 and who act like they are 12. Do these people also get a walk for murder? Maybe it is time the government got out of the death business.
To be fair this doesn't mean that if you kill somebody when you are under 18 you get a walk. It just means that you aren't subject to the death penalty but otherwise you could still end up in jail for the rest of your life.
Isn't life with parole the same as 20 years and out with good behavior (which is certainly not a walk)? And aren't juvies under a different legal code as far as sentencing viz-a-viz adults?
I looks like one of these monsters is going to get a pass. Is that good? http://www.murdervictims.com/Voices/jeneliz.html
How is it a pass? The person was told by the judge that his parole officer wasn't even born yet, meaning that he won't be getting out of prison for many years.
I don't know all the specifics of how this will affect sentencing law, which will still vary state by state, but I don't think this prevents trying juveniles as adults or that they can't be sentenced to life without parole. It just means that they can't be executed.
