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Marsha L. Levick
Lourdes M. Rosado
Nina W. Chernoff
Barbara Bennett Woodhouse
Christopher Slobogin
SummaryOriginal

Summary

Youth death penalty is cruel and unusual punishment under the Eighth Amendment (U.S.) due to immaturity and vulnerability of youth to poor decisions. It is contrary to evolving standards of decency.

2004 | Federal Juristiction

This is a test with a new title

Keywords adolescents; brain; culpability; blameworthiness; Eighth Amendment (U.S.); juvenile death penalty; execution; minors; Stanford; youth; youthful offender; Atkins; confession; proportionality analysis; murder
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In Atkins v. Virginia, 536 U.S. 304 (2002), this Court ruled that subjecting mentally retarded individuals to the death penalty constitutes cruel and unusual punishment in violation of the Eighth Amendment. Citing developments in the law and social science that reflected a new national consensus regarding execution of the mentally retarded, the Court overruled its decision in Penry v. Lynaugh, 492 U.S. 302 (1989), that had upheld application of the death penalty to this group of individuals. A similar challenge confronts the Court in this case, with respect to the execution of youth who commit their crimes at age 16 or 17. The Court ruled in Stanford v. Kentucky, 492 U.S. 361 (1989) that such executions did not violate the Eighth Amendment. But legislative developments and an emerging powerful body of empirical research over the past fifteen years have eroded the foundation of Stanford and compel the conclusion that, under evolving standards of decency, the execution of such persons amounts to cruel and unusual punishment. In particular, such executions no longer serve the accepted purposes of capital punishment, retribution, and deterrence.

In addition to the clear legislative trend eliminating capital punishment for 16 and 17 year olds altogether and the reluctance of juries to sentence youth2 to death (which are documented in the Respondent’s brief and were central to Atkins), the well-entrenched practice in this country of circumscribing the rights and responsibilities of youth in all walks of life – from service in the armed forces and voting, to obtaining a driver’s or marriage license – has been further extended since Stanford. State legislatures have passed new laws to limit minor’s participation in activities freely open to adults, and this Court has broadened its own jurisprudence accommodating long-held views about the differences between youth and adults under the law. Premised on the diminished judgment of youth, these legal developments evidence a national determination that 16 and 17 year olds should be considered less culpable for their criminal acts than adults – a determination that undermines the retributive purpose of capital punishment.

Moreover, as in Atkins, the legislative trend to eliminate the death penalty since Stanford is all the more compelling in light of the passage of anti-crime legislation targeting youth in almost every state during this same time period. Amici argue that the legislative trend with respect to the juvenile death penalty is even more persuasive, given the unmatched phenomenon involving youth – the now-discredited “super-predator” myth, intended to demonize today’s youthful offenders as qualitatively different than earlier offenders -- which fueled this wave of transfer laws. Importantly, however, these statutes were primarily offense-, rather than offender-based, reflecting a legislative response to increased fears about public safety and frustration with the limited jurisdiction of the juvenile court. In the absence of any simultaneous attempts in the states to lower the age for juvenile court jurisdiction, there is no evidence that these transfer laws reflect new legislative views about the maturity or culpability of these youthful offenders, for the purposes of Eighth Amendment analysis.

These legal trends also have been complemented by an emerging body of social science research attesting to developmental differences between adolescents and adults that undermines the deterrent rationale of capital punishment. This path-breaking scholarship shows that 16 and 17 year olds are more likely than adults to engage in risky behavior; are more likely to consider only the immediate effects of their acts rather than the long-term consequences; and are far more susceptible to being overcome by peer pressure than adults, both in terms of how they evaluate their own behavior and in conforming their conduct to what peers are doing. And it shows that because they live in the moment, 16 and 17 year olds feel that they have less of a stake in the future. All told, this recent research confirms that 16 and 17 year olds as a class are less capable of controlling their impulses than adults, and thus are less likely than adults to be deterred from committing capital crimes by the prospect of execution.

On a separate but equally important front, social science research has recently demonstrated the special vulnerability of 16 and 17 year olds to confess to crimes that they did not commit. This research mirrors studies showing that the particular deficits of the mentally retarded make them likewise prone to giving false confessions – studies that informed the Court’s decision in Atkins. The same potential for wrongful executions of adolescents compels their exclusion from eligibility for the death penalty.

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Summary

Introduction

In Atkins v. Virginia (2002), the Supreme Court held that executing mentally disabled individuals violated the Eighth Amendment's prohibition against cruel and unusual punishment. This decision, which overturned Penry v. Lynaugh (1989), reflected a growing consensus that such executions were inconsistent with evolving societal norms. The present case raises a similar challenge regarding the execution of juveniles who committed crimes at age 16 or 17.

Legislative and Social Developments

Since Stanford v. Kentucky (1989) upheld the constitutionality of executing juvenile offenders, there has been a significant legislative trend towards abolishing the death penalty for this group. This trend, coupled with the reluctance of juries to impose death sentences on juveniles, suggests a shift in societal attitudes towards the culpability of young offenders.

Moreover, the legal landscape has evolved to recognize the diminished capacity of minors in various contexts, including military service, voting, and obtaining licenses. These developments reflect a broader understanding that juveniles possess less judgment and maturity than adults, undermining the retributive purpose of capital punishment.

Empirical Research on Adolescent Development

A substantial body of social science research has emerged since Stanford, demonstrating developmental differences between adolescents and adults that challenge the deterrent rationale of the death penalty. Studies indicate that juveniles are more impulsive, less capable of considering long-term consequences, and more susceptible to peer pressure. These findings suggest that juveniles are less likely to be deterred by the threat of execution.

Vulnerability to False Confessions

Recent research has also highlighted the vulnerability of juveniles to falsely confessing to crimes. This vulnerability, similar to that of mentally disabled individuals, raises concerns about the potential for wrongful executions.

Conclusion

The legislative trends, evolving legal principles, and empirical evidence presented in this case demonstrate that the execution of juvenile offenders no longer aligns with evolving standards of decency. As in Atkins, the Court should conclude that such executions constitute cruel and unusual punishment under the Eighth Amendment.

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Summary

In Atkins v. Virginia (2002), the Supreme Court ruled that executing individuals with intellectual disabilities violated the Eighth Amendment's prohibition against cruel and unusual punishment. This decision was based on a growing consensus that such executions were inhumane.

Similarly, the Court now faces a challenge regarding the execution of minors who commit crimes at age 16 or 17. In Stanford v. Kentucky (1989), the Court upheld the constitutionality of such executions. However, recent developments have undermined this ruling.

Legislative Trends and Societal Norms

Since Stanford, many states have abolished the death penalty for minors. Additionally, society has increasingly recognized the limitations of minors in terms of rights and responsibilities, such as voting, military service, and marriage. These changes reflect a belief that minors are less culpable for their actions than adults.

Diminished Judgment and Deterrence

Social science research has shown that adolescents differ from adults in their decision-making abilities. They are more impulsive, less likely to consider long-term consequences, and more susceptible to peer pressure. These factors make it less likely that the death penalty will deter minors from committing crimes.

Vulnerability to False Confessions

Research has also revealed that minors are particularly vulnerable to making false confessions. This is similar to the vulnerability of individuals with intellectual disabilities, which was a key factor in the Atkins decision. The potential for wrongful executions of minors is therefore a significant concern.

Conclusion

Based on these developments, it is clear that the execution of minors violates evolving standards of decency and constitutes cruel and unusual punishment under the Eighth Amendment. The Court should therefore overrule Stanford and prohibit the execution of individuals who commit crimes at age 16 or 17.

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Summary

In the past, it was legal to give the death penalty to teens who committed serious crimes at age 16 or 17. But things have changed.

Changing Laws and Beliefs

Many states have passed laws banning the death penalty for teens. And people are starting to believe that teens should be treated differently than adults when it comes to punishment.

Why? Because teens are still developing and their brains aren't fully mature. They're more likely to:

  • Take risks

  • Focus on the present moment

  • Give in to peer pressure

The Problem with Punishment

The death penalty is supposed to punish criminals and stop others from committing crimes. But studies show that it doesn't work that way for teens. Because of their immaturity, they're less likely to be scared off by the threat of execution.

False Confessions

Another problem is that teens are more likely to falsely confess to crimes they didn't commit. This is because their brains are still developing and they're more easily influenced by adults.

Conclusion

Based on all this information, many people believe that it's not fair to give the death penalty to teens. They argue that teens are less responsible for their actions and that the death penalty is too harsh a punishment for them.

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Summary

Should 16 and 17-year-olds who commit crimes be put to death?

A long time ago, the highest court in the country said it was okay. But now, many people are saying that it's not fair.

Why Not?

  • Laws are changing. Many states have made laws that say it's not okay to put young people to death.

  • Young people are different from adults. They don't always think about the future or how their actions will affect others. They're also more likely to do things because their friends are doing them.

  • Young people are more likely to confess to crimes they didn't do. This is because they're not as good at understanding their rights or the consequences of their actions.

So, what do you think?

Should 16 and 17-year-olds who commit crimes be put to death? Or should they be given a different punishment?

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Highlights