Tuesday, March 08, 2005
Subject: Death Penalty Ruling: Larry, five words – “the evolving standards of decency” – are propelling this nation toward a more humane stance on when government should take a life. On that remarkable journey, the U.S. Supreme Court reached a milestone the other day in ruling that it is unconstitutional to execute a convicted murderer who was under age 18 when he committed the crime. The court pointed to those “evolving standards” as proof that Americans – indeed, the world community – have come to view juveniles as less culpable than adults. With Somalia left as the only nation to execute young killers, the 5-4 court majority also noted “the overwhelming weight of international opinion” against the practice. The case is a natural outgrowth of the court’s 1988 ruling barring the death penalty for those under 16, as well as its 2002 decision sparing convicts who are mentally retarded. As American Bar Association head Robert J. Grey Jr. Right noted, “Clear scientific research shows that juveniles, like the mentally retarded, are less morally culpable than adults due to their reduce capacity for moral judgment, self-restraint, and ability to resist...influence.” I is encouraging to see the high court go to new thinking on this matter. After all, an earlier ruling upheld capital punishment for 16 to 17 year olds. But it was long past time to acknowledge and embrace the world view on executing the young. The ruling does not mean that those who commit heinous crimes will go free. The court spared the lives of some 70 youthful convicts on death row, but imposed no new limits on prison sentences – up to life without parole. And there are times when that is warranted to protect society and punish young criminals. Now the question is, when will Americans’ standards of decency evolve to the point where they reject all executions as flawed and wrong? I
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