The Philadelphia Inquirer

July 302004

Editorial

Stop the slow march to death row

This nation shields 16-year-olds from the sex, vio­lence and pro­fan­i­ty of R‑rated movies. Yet it exe­cutes mur­der­ers of the same age — as though they were mature enough to answer ful­ly for their crimes.

Society says these teens can­not han­dle movie may­hem — nor drink, vote, or sign legal con­tracts — but that they’re as cul­pa­ble as adults for seri­ous crim­i­nal acts.

Who thinks that’s a crazy propo­si­tion? Quite a few folks. Among them: Official rep­re­sen­ta­tives from coun­tries in Europe, from Canada and Mexico, and many oth­er nations. There’s also for­mer President Jimmy Carter, the American Bar Association, the American Medical Association and reli­gious groups.

In legal briefs filed recent­ly, a coali­tion of cit­i­zens, groups and nations asked the U.S. Supreme Court to end the exe­cu­tion of juve­niles as bar­bar­ic.

The court must do exact­ly that. It already has banned the exe­cu­tion of men­tal­ly retard­ed defen­dants on grounds that a nation­al con­sen­sus” views such exe­cu­tions as wrong. There’s a loud cho­rus and com­pelling sci­en­tif­ic evi­dence in favor of end­ing exe­cu­tions of ado­les­cents.

Of three-dozen states with cap­i­tal pun­ish­ment, near­ly half allow the exe­cu­tion of 16- and 17-year-olds. New Jersey bans under-18 exe­cu­tions, but Pennsylvania and Delaware are bound only by an ear­li­er Supreme Court ban on the penal­ty for any­one under 16.

Time was, this nation was a glob­al pace­set­ter in reforms deal­ing with trou­bled youth. Many Americans grasped that teens dif­fer from adults, in that their minds haven’t fin­ished devel­op­ing, and that they might yet be res­cued from a life of crime.

In the last two decades, with the spike in youth crime, the coin­ing of the term super­preda­tor” for youth­ful offend­ers, and a get-tough, three-strikes men­tal­i­ty, that under­stand­ing waned.

Nearly 80 juve­nile offend­ers inhab­it the nation’s death rows, includ­ing three in Pennsylvania. Across the board, their crimes were bone-chill­ing. They deserve to be impris­oned for their deeds. But they do not deserve to die.

There are good rea­sons why only a hand­ful of nations send offend­ers ages 16 and 17 to death row.

Scientific evi­dence — devel­oped, in part, by University of Pennsylvania pro­fes­sor Ruben Gur at his Brain Behavior Laboratory — doc­u­ments that teens’ still-devel­op­ing brains can be ill-equipped to grasp the con­se­quences of actions, to think ahead, or con­trol impuls­es.

This is not about let­ting vio­lent teens run wild. It is about under­stand­ing some crim­i­nals’ youth pre­cludes send­ing them to death row.

Sources

Philadelphia Inquirer