Summary of Argument
This brief argues that emerging adults constitute a distinct class, both developmentally and legally, and should be categorically exempt from the death penalty. The argument relies on two primary points:
Developmental Distinctiveness: Emerging adults, defined as individuals between the ages of 18 and 25, are uniquely susceptible to developmental vulnerabilities that render them less culpable for their actions.
Legal and Cultural Distinctiveness: Emerging adults hold a unique legal and cultural status, characterized by evolving societal expectations and recognition of their vulnerability. This status necessitates a distinct legal framework for their treatment, particularly in the context of capital punishment.
Furthermore, the brief contends that a categorical exemption from the death penalty for 18-year-olds is warranted for the following reasons:
National Consensus: The infrequency of executing individuals aged 18 suggests a national consensus against such practices, highlighting societal reservations about the morality and efficacy of capital punishment for this age group.
Disproportionality: Executing 18-year-olds serves no penological purpose, as it is disproportionate to the culpability of this age group and fails to uphold the principles of proportionality and deterrence.
In conclusion, the brief advocates for a categorical exemption for 18-year-olds from the death penalty, recognizing their developmental vulnerabilities, unique legal and cultural status, and the lack of a justifiable penological purpose for executing this age group.