Battleboro (Vermont) Reformer

October 132004

One night in 1993, Shirley Crook was awak­ened by 2 bur­glars in her Missouri home. She was bound with duct tape. She was dragged out of the house. And, still alive and con­scious, she was tossed from a rail­road tres­tle into a riv­er where she died.

Anglers found her body and with­in 2 days Christopher Simmons con­fessed to com­mit­ting the crimes with a friend. A jury lat­er con­vict­ed him of mur­der and a judge sen­tenced him to death.

The law did­n’t deem him mature or respon­si­ble enough to vote, buy cig­a­rettes, drink alco­hol, dri­ve or get mar­ried in some states, but it did con­sid­er him old enough to be exe­cut­ed.

Today, the U.S. Supreme Court will con­sid­er whether it’s appro­pri­ate for Simmons, who was 17 at the time, to pay the ulti­mate price.

While we think Simmons, and oth­er minors who com­mit heinous acts, should be pun­ished, we think it is wrong to kill young peo­ple — even if they are young peo­ple who have killed.

If the high court agrees, it will be a land­mark vic­to­ry for child and human rights advo­cates, but it will also be a win for death penal­ty oppo­nents, who view the pos­si­ble rul­ing as one more way to cur­tail the law.

Vermont banned cap­i­tal pun­ish­ment in 1964. Like a hand­ful of oth­er states, offi­cials here rec­og­nized the law as fal­li­ble, unfair, arbi­trary and often racial­ly dis­crim­i­na­to­ry.

38 states still issue death sen­tences, how­ev­er, and there are near­ly 3,500 death row inmates across the coun­try right now.

We hope that some­day the high court will change that, too. For now, we’re advo­cat­ing for the 72 death row inmates who com­mit­ted crimes when they were between the ages 15 and 17.

Those who sup­port the death penal­ty for juve­niles say 16- or 17-year-olds who kill are cul­pa­ble, aware of their actions and should be tried as adults. Five states have tak­en this posi­tion in fil­ings with the high court: Alabama, Delaware, Oklahoma, Virginia, Utah and, of course, Texas, which claims 13 of the coun­try’s 22 juve­nile exe­cu­tions since 1974.

However, their protests seem like whis­pers next to those oppos­ing exe­cut­ing minors: The American Medical Association, the American Psychiatric Association, the Children’s Defense Fund, reli­gious lead­ers, attor­neys gen­er­al from 8 states and 48 nations have weighed in with their own legal briefs.

They argue that law pro­hibits behav­ior for teens because they are not wise enough to under­stand the con­se­quences of their actions and, sim­i­lar­ly, the law should pro­hib­it death sen­tences for peo­ple too young to ful­ly real­ize what they do.

They point to psy­cho­log­i­cal stud­ies which offer evi­dence that teenagers can­not con­trol impuls­es, are sub­ject to peer pres­sure and that their brains are not mature.

And they note that the United States is one of only five coun­tries that still issue death sen­tences to minors.

The oth­ers? China, Congo, Iran and Pakistan.

Sources

Battleboro (Vermont) Reformer