Daytona Beach News-Journal

July 262004

Editorial

A first kiss, a first time behind the wheel, a first col­lege-entrance exam — these are the expe­ri­ences of teen-hood. Death row should­n’t be one of them.

The United States is one of just five coun­tries that still exe­cutes offend­ers who com­mit­ted mur­der when they were younger than 18. In this, it joins an infa­mous group of nations includ­ing Iran, the Sudan and China, reviled the world over for abus­ing their cit­i­zens. Even among so abhor­rent a crowd, America stands out. It put to death more offend­ers who com­mit­ted crimes as young teenagers in the past 13 years than the rest of the world com­bined.

It did so even as med­ical sci­ence revealed that ado­les­cents’ brains are marked­ly dif­fer­ent from adults’. The part of the brain that con­trols rea­son is still devel­op­ing in the teen years. Emotion and instinct may have more sway over human reac­tion in teenagers and young adults.

In oth­er con­sid­er­a­tions, the state rec­og­nizes that chil­dren are not the same as adults. That’s why they are pro­hib­it­ed from offer­ing their lives in mil­i­tary ser­vice or per­form­ing the civic duty of vot­ing until they’re 18. They’re banned from drink­ing until they’re 21. But the coun­try per­sists in treat­ing chil­dren as adults, ascrib­ing them with all the rea­son and intel­lect of a mature per­son when met­ing out the final judg­ment, the penal­ty of death.

The United States deserves the scorn of its peers for con­tin­u­ing so bar­bar­ic a prac­tice. It received it in spades last week. Forty-eight nations, 14 Nobel Peace Prize win­ners and dozens of med­ical, inter­na­tion­al and reli­gious groups filed legal briefs urg­ing the U.S. Supreme Court to halt exe­cu­tions of death row inmates who com­mit­ted mur­der before they turned 18.

International embar­rass­ment, how­ev­er, won’t win the day come October when the high court takes up the Missouri case, Roper v. Simmons. In 1993, Christopher Simmons broke into Shirley Crook’s home, bound and gagged her and drove to a bridge, where he shoved her to her death. He was 17. A jury found Simmons guilty, and he was sen­tenced to die. But the Missouri Supreme Court, in a 4 – 3 rul­ing, over­turned the sen­tence.

Four jus­tices on the U.S. Supreme Court are on record oppos­ing the death penal­ty for young mur­der­ers, cit­ing the U.S. Constitution’s pro­hi­bi­tion against cru­el and unusu­al pun­ish­ment. But, so far, a fifth jus­tice has been unwill­ing to over­turn the court’s 1989 deci­sion per­mit­ting states to exe­cute offend­ers who com­mit­ted their crimes at 16 or 17.

Of the 37 states that exe­cute con­vict­ed mur­der­ers, 19 allow 16- and 17-year-olds to be put to death. Shamefully, Florida is one of them. Florida Sen.Victor Crist, a Tampa Republican and an enthu­si­as­tic sup­port­er of the death penal­ty, has tried for five years to per­suade law­mak­ers to raise the age to 18. Each year it fails in the heat of House mem­bers’ extrem­ist rhetoric.

We hope the U.S. Supreme Court will rec­og­nize that the death penal­ty does lit­tle but pro­mote vengeance and jus­ti­fy a killer’s own log­ic — it’s accept­able to take a life. In a right­eous nation, the state-sanc­tioned killing of chil­dren — even those who have killed anoth­er — can­not be tolerated.

Sources

Daytona Beach News-Journal