« Wexis the Pusher | Main | Advice To Law Schools: PI-LRW Sections »
Goodbye Juvenile Death Penalty!
The SCOTUS struck down the death penalty for juveniles today in its decision in Roper v. Simmons. A good number of current death row inmates may be affected, plus, this decision may be a great step in the public conversation about the death penalty. More from DPIC. This has got to be great for the National Juvenile Defender Center, too. I haven't read the decision yet, but I can't imagine how this could be a bad thing.Posted March 1, 2005 04:18 PM | law general
The wingers will think it is bad because the opinion references what other countries do with respect to prohibiting the DP for minors.
I am sure Scalia is now fuming that this, along with Lawrence, will signal the absolute decline of American values (you know, like homophobia and cruel punishment).
Posted by: musclehead at March 1, 2005 04:39 PM
To be clear from the outset, I am not arguing for the death penalty in what follows. I oppose the death penalty as a relic of a more barbarous time in human history. Still, the way the decision was worded raised some questions in my mind. So, just a hypothetical: what impact could this decision have on something like say abortion? The thought crossed my mind as I read excerpts from the decision, specifically "When a juvenile offender commits a heinous crime, the State can exact forfeiture of some of the most basic liberties, but the State cannot extinguish his life and his potential to attain a mature understanding of his own humanity." What seems troubling to me here is the phrase "a mature understanding of his own humanity." As a concept whose meaning must be established conditionally (the sentence immediately following the above states "Drawing the line at 18 years of age is subject, of course, to the objections always raised against categorical rules." Indeed, the whole decision seems to turn on the construction of categories), it seems to me to open the door to a discussion of 'humanity' that might be problematic to a woman's right to choose. In other words, how far a leap is it from a juvenile offender's right (maybe that's too strong a word) to develop "a mature understanding of his own humanity" to a fetuses? I suppose it would turn on how death penalty rulings might relate to issues like abortion, how abortion is framed, etc. Would anyone perhaps care to speculate on such impact and/or educate me as to how this might or might not work?
Posted by: Famous P. at March 2, 2005 01:08 PM
The outcome is fine. However, it should be for the legislatures of each state, not 5 unelected judges who want the Europeans they hang out with every summer to like them. Citing to treaties we haven't ratified is a disgrace.
Oh well, at least they'll be loved at Harvard and NYU.
Posted by: Brian at March 2, 2005 11:16 PM
