In a recent opin­ion piece pub­lished in The Miami Herald, for­mer First Lady Rosalynn Carter called on Florida and oth­er states that con­tin­ue to sen­tence juve­nile offend­ers to death to aban­don the prac­tice, not­ing that it vio­lates cur­rent prin­ci­ples of American jus­tice.” Carter stat­ed that America could soon be the last nation on Earth to exe­cute juve­nile offend­ers, and that the U.S. is one of only two nations that have not rat­i­fied the United Nations Convention on the Rights of the Child. Carter wrote:

Our coun­try has sought to pro­tect juve­niles in almost every facet of their life, enact­ing laws pro­hibit­ing those younger than 18 years old from using alco­hol or cig­a­rettes, enter­ing into con­tracts, vot­ing or serv­ing in armed com­bat. We spend mil­lions on drug-pre­ven­tion out­reach and sex edu­ca­tion in our schools. Yet, when it comes to the most seri­ous of crimes com­mit­ted by juve­niles, we fail to acknowl­edge their less­ened cul­pa­bil­i­ty and inflict the sever­est of pun­ish­ments.

Adolescents are not adults. They lack full capac­i­ty to rea­son, con­trol impuls­es and under­stand con­se­quences. They do not han­dle social pres­sures and oth­er stress­es like adults do and there­fore, are less cul­pa­ble than adults who com­mit crimes. Scientific stud­ies demon­strate their less­ened respon­si­bil­i­ty. We pre­vi­ous­ly believed that the brain was ful­ly devel­oped by age 14, but recent stud­ies have revealed that it con­tin­ues to mature until the ear­ly 20s.

We also know that the frontal lobe, which con­trols the brain’s most com­plex func­tions — par­tic­u­lar­ly rea­son­ing — under­goes more change dur­ing ado­les­cence than at any oth­er time. It is the last part of the brain to devel­op.

Such find­ings have led the American Psychiatric Association, the American Academy of Child and Adolescent Psychiatry and the American Society of Adolescent Psychiatry to oppose the death penal­ty for juve­niles.

If ado­les­cents who grow up in warm and lov­ing envi­ron­ments can­not ful­ly rea­son or con­trol their impuls­es as research has shown, then abused chil­dren suf­fer immense emo­tion­al and devel­op­men­tal dis­ad­van­tages. A 2003 study found that on aver­age, juve­niles on Death Row have had mul­ti­ple expe­ri­ences of phys­i­cal or sex­u­al abuse, sub­stance abuse, men­tal dis­or­ders or are liv­ing in pover­ty. An ear­li­er study of 14 juve­niles sen­tenced to death found that 12 had been phys­i­cal­ly or sex­u­al­ly abused, some at the hands of rel­a­tives. We as a soci­ety have failed to pro­tect or treat these chil­dren and are ill pre­pared to deal with them when some of them com­mit hor­ri­ble crimes.

Acknowledging the less­er cul­pa­bil­i­ty of juve­nile offend­ers does not min­i­mize the suf­fer­ing and impact upon their vic­tims’ fam­i­lies. Tragically, there are juve­niles who com­mit ter­ri­ble crimes. But pun­ish­ment is to be imposed accord­ing to the degree of cul­pa­bil­i­ty of the offend­er.



I hope the Supreme Court will rule lat­er this year when it hears the case of Roper vs. Simmons that juve­nile exe­cu­tions are uncon­sti­tu­tion­al cru­el and unusu­al pun­ish­ment.’ Meanwhile, the American pub­lic should send a mes­sage to the court through their state leg­is­la­tures that evolv­ing stan­dards of decen­cy” do not tol­er­ate exe­cut­ing juve­nile offend­ers.”

(Miami Herald, April 7, 2004) See Juvenile Death Penalty. See New Voices.

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