News & Observer

July 242004

Editorial

With its annu­al list of vio­la­tor coun­tries, the United States claims the title of defend­er of human rights, and giv­en its her­itage and stand­ing in the world, the title is fit­ting. A chink in the claim, how­ev­er, is that 19 states allow the exe­cu­tion of peo­ple who com­mit­ted cap­i­tal crimes at the ages of 16 or 17.

True, that age brack­et is on the cusp of what is typ­i­cal­ly con­sid­ered adult­hood. But there is no get­ting around the fact that 16- or 17-year-olds, no mat­ter how hor­ri­ble a crime they may have com­mit­ted, are not adults. Treating them in every respect as if they were holds peo­ple who may be imma­ture or vul­ner­a­ble to adult stan­dards of account­abil­i­ty — and paints the United States as a human rights hypocrite.

It also should be suf­fi­cient rea­son for the Supreme Court to heed peti­tions from sev­er­al impres­sive groups to out­law exe­cu­tion of peo­ple whose crimes were com­mit­ted while they essen­tial­ly were still chil­dren. The jus­tices this fall will recon­sid­er whether exe­cut­ing such juve­nile killers con­sti­tutes cru­el and unusu­al pun­ish­ment. Nineteen states allow exe­cu­tion of peo­ple who were 16 or 17 at the time of their crimes. In North Carolina, those who were 17 can be put to death.

Several for­mer diplo­mats in one of the peti­tion­ing groups not­ed that in the past four years, only the United States, Congo, China, Iran and Pakistan have let such pris­on­ers be exe­cut­ed. The United States should do all it can to drop out of that club. They also not­ed that in the United States, more such crim­i­nals were sent to their deaths from 1990 to 2003 than in the rest of the world com­bined. Diplomats know first­hand how bad­ly those grim facts play in other capitals.

Also ask­ing the high court to end the pol­i­cy are a num­ber of American allies, a group of Nobel Peace Prize win­ners, and this nation’s largest doc­tors group, and for good rea­son. People in their mid­dle teens can do dread­ful and vicious things, but a humane soci­ety will err on the side of restraint in pun­ish­ing them, to main­tain the dis­tinc­tion our jus­tice sys­tem prop­er­ly draws between chil­dren and adults.

America’s long his­to­ry of allow­ing for exe­cu­tion under these cir­cum­stances does­n’t make the pol­i­cy right. On this issue, the nation, rep­re­sent­ed by the jus­tices on the high court, would do well to prac­tice the human rights that it preaches.

Sources

News & Observer