Brief of the NAACP Legal Defense and Educational Fund, Inc., the American Civil Liberties Union, et. al., as Amici Curiae in Support of Respondent
Theodore M. Shaw
Norman J. Chachkin
Miriam Gohara
Christina A. Swarns
Steve R. Shapiro
SimpleOriginal

Summary

Because race impacts the consideration of youth as a mitigating factor and increases the risk that juvenile offenders of color will receive a death sentence, this Court should categorically exclude juveniles from the death penalty.

2004 | Federal Juristiction

Brief of the NAACP Legal Defense and Educational Fund, Inc., the American Civil Liberties Union, et. al., as Amici Curiae in Support of Respondent

Keywords death penalty; youth of color; mitigation of youth; mitigating factor; death; execution
image

Summary of Argument

This Court has long sought to ensure that the death penalty is administered with channeled discretion, that decisionmakers consider and give effect to relevant factors counseling against death, and that arbitrary factors, such as race, do not dictate the outcome of life or death decisions. By steadfastly guarding these principles, this Court has endeavored to achieve a fair and color-blind death penalty.

Despite this Court’s efforts to excise race from the capital punishment calculation, it remains a pivotal factor in the administration of the juvenile death penalty. Decisionmakers — e.g., prosecutors and juries — are legally precluded from relying explicitly on race when exercising their discretion and deciding whether, and to what extent, a defendant’s youth weighs against a decision to seek or to impose a death sentence. But in practice, race remains a critical consideration. Specifically, empirical evidence suggests that for offenders of color, decisionmakers discount or altogether eliminate the mitigating value of youth. Thus, currently death-sentenced juveniles as well as juveniles who have been executed are predominantly youth of color.

Empirical evidence likewise demonstrates that young offenders of color are more likely than juvenile defendants generally to be wrongfully convicted, wrongly sentenced to death, and wrongfully subjected to an otherwise flawed adjudication. Much more than a majority of both exonerated juveniles and of exonerated juvenile offenders who had been prosecuted on the basis of false confessions are adolescents of color.

Because race continues to constrain the discretionary consideration of youth as a mitigating factor and increases the risk that juvenile offenders of color will receive a death sentence, this Court should categorically exclude juveniles from death penalty eligibility.

Open Amicus Brief as PDF

Summary of Argument

This Court has historically strived to implement a death penalty system that prioritizes controlled discretion, compels decision-makers to acknowledge and weigh mitigating factors, and eliminates arbitrary influences like race from life-or-death pronouncements. By vigilantly upholding these principles, the Court has aimed to establish a fair and impartial capital punishment system.

Despite these efforts, racial bias persists as a significant factor in the application of the juvenile death penalty. While decision-makers, including prosecutors and juries, are legally forbidden from explicitly considering race when exercising their discretion and determining the weight of a defendant's youth in sentencing, racial disparities are evident in practice. Empirical evidence indicates that for offenders of color, decision-makers often disregard or entirely diminish the mitigating value of youth. Consequently, the majority of juveniles currently on death row and those who have been executed are individuals of color.

Empirical data further reveals that young offenders of color are more susceptible to wrongful convictions, erroneous death sentences, and flawed adjudication processes compared to juvenile defendants as a whole. A substantial proportion of exonerated juveniles, particularly those exonerated based on false confessions, are adolescents of color.

Given the persistent racial bias that undermines the consideration of youth as a mitigating factor and exacerbates the risk of death sentences for juvenile offenders of color, this Court should categorically exclude juveniles from death penalty eligibility.

Open Amicus Brief as PDF

Summary of Argument

The Supreme Court has consistently aimed to ensure the death penalty is applied fairly, considering mitigating factors and avoiding racial bias. Despite these efforts, race remains a significant factor in the administration of the juvenile death penalty. Empirical evidence suggests that prosecutors and juries, while legally prohibited from considering race explicitly, may implicitly discount or eliminate the mitigating value of youth for offenders of color. Consequently, a disproportionate number of juvenile death sentences and executions involve youth of color.

Furthermore, empirical data shows that young offenders of color are more likely than their white counterparts to be wrongly convicted, sentenced to death, and subjected to flawed legal processes. The majority of exonerated juveniles and those wrongly convicted based on false confessions are adolescents of color.

Given the continued influence of race in mitigating youth as a factor in capital punishment and the heightened risk of wrongful convictions for juvenile offenders of color, the Supreme Court should categorically prohibit the application of the death penalty to juveniles.

Open Amicus Brief as PDF

Summary of Argument

The Supreme Court has worked hard to make sure the death penalty is fair and that race doesn't play a role in who gets sentenced to death. However, race continues to be a major issue when it comes to the death penalty for young people.

Even though the law says race can't be considered when deciding if a young person should get the death penalty, studies show that race still has a huge impact. Young people of color are often seen as less deserving of leniency because of their age compared to white young people. This means that more young people of color are being sentenced to death.

Studies also show that young people of color are more likely to be wrongly convicted, wrongly sentenced to death, and have their cases handled unfairly. A large majority of young people who were wrongly convicted and later cleared were people of color.

Because race continues to unfairly affect how young people are treated in the death penalty system, the Supreme Court should completely ban the death penalty for anyone under the age of 18.

Open Amicus Brief as PDF

Summary of Argument

The Supreme Court wants to make sure that the death penalty is used fairly. They don't want things like a person's race to decide if someone gets the death penalty.

Even though the Court tries hard, race still affects who gets the death penalty, especially for young people. Studies show that people of color are more likely to be sentenced to death than other young people who commit crimes.

These studies also show that young people of color are more likely to be wrongly convicted or sentenced to death.

Because race still plays a role in these cases, the Supreme Court should say that no one under 18 should ever be given the death penalty.

Open Amicus Brief as PDF

Footnotes and Citation

Cite

Brief of the NAACP Legal Defense and Educational Fund, Inc., the American Civil Liberties Union, the National Association of Criminal Defense Lawyers, the National Bar Association, the National Urban League Institute for Opportunity and Equality, the National Black Police Association, the National Conference of Black Lawyers, and the National Black Law Students Association, as Amici Curiae in Support of Respondent, Roper v. Simmons, No. 03-633 (U.S. Jul. 19, 2004).

    Highlights