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High Court Ends Death Penalty for Youths
AP, via Yahoo ^ | 3/1/05 | By HOPE YEN, Associated Press Writer

Posted on 03/01/2005 7:32:36 AM PST by So Cal Rocket

WASHINGTON - The Supreme Court ruled Tuesday that the Constitution forbids the execution of killers who were under 18 when they committed their crimes, ending a practice used in 19 states.

The 5-4 decision throws out the death sentences of about 70 juvenile murderers and bars states from seeking to execute minors for future crimes.

The executions, the court said, were unconstitutionally cruel.

It was the second major defeat at the high court in three years for supporters of the death penalty. Justices in 2002 banned the execution of the mentally retarded, also citing the Constitution's Eighth Amendment ban on cruel and unusual punishments.

The court had already outlawed executions for those who were 15 and younger when they committed their crimes.

Tuesday's ruling prevents states from making 16- and 17-year-olds eligible for execution.

Justice Anthony Kennedy (news - web sites), writing for the majority, noted that most states don't allow the execution of juvenile killers and those that do use the penalty infrequently. The trend, he noted, was to abolish the practice.

"Our society views juveniles ... as categorically less culpable than the average criminal," Kennedy wrote.

Juvenile offenders have been put to death in recent years in just a few other countries, including Iran (news - web sites), Pakistan, China and Saudi Arabia. All those countries have gone on record as opposing capital punishment for minors.

The Supreme Court has permitted states to impose capital punishment since 1976 and more than 3,400 inmates await execution in the 38 states that allow death sentences.

Justices were called on to draw an age line in death cases after Missouri's highest court overturned the death sentence given to a 17-year-old Christopher Simmons, who kidnapped a neighbor in Missouri, hog-tied her and threw her off a bridge. Prosecutors say he planned the burglary and killing of Shirley Crook in 1993 and bragged that he could get away with it because of his age.

The four most liberal justices had already gone on record in 2002, calling it "shameful" to execute juvenile killers. Those four, joined by Kennedy, also agreed with Tuesday's decision: Justices John Paul Stevens (news - web sites), David H. Souter, Ruth Bader Ginsburg (news - web sites) and Stephen Breyer (news - web sites).

Chief Justice William H. Rehnquist and Justices Antonin Scalia (news - web sites) and Clarence Thomas (news - web sites), as expected, voted to uphold the executions. They were joined by Justice Sandra Day O'Connor (news - web sites).

Currently, 19 states allow executions for people under age 18: Alabama, Arizona, Arkansas, Delaware, Florida, Georgia, Idaho, Kentucky, Louisiana, Mississippi, Nevada, New Hampshire, North Carolina, Oklahoma, Pennsylvania, South Carolina, Utah, Texas and Virginia.

In a dissent, Scalia decried the decision, arguing that there has been no clear trend of declining juvenile executions to justify a growing consensus against the practice.

"The court says in so many words that what our people's laws say about the issue does not, in the last analysis, matter: 'In the end our own judgment will be brought to bear on the question of the acceptability of the death penalty,' he wrote in a 24-page dissent.

"The court thus proclaims itself sole arbiter of our nation's moral standards," Scalia wrote.


TOPICS: Crime/Corruption; Extended News; News/Current Events
KEYWORDS: deathpenalty; juveniles; ropervsimmons; ruling; scotus
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To: rollo tomasi
First, this is a State's right issue.

I agree 100%, as long as the state satisfies due process and the other protections guaranteed under the 4th, 5th, 6th, and 14th Amendments. Just because I am anti-death penalty doesn't mean that I agree with the SCOTUS decision. The constitutionally proscribed method for changing bad laws that are otherwise constitutional is not judical nullification of the law through twisted reasoning, but rather petitioning the state legislature for change or formally amending the constitution using the method set forth therein.

61 posted on 03/01/2005 10:56:29 AM PST by Labyrinthos
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To: Labyrinthos
Keep in mind I am just referring to capital punishment in general. Case by case of course as due process and extreme evidence that points to guilt by the person accused of 1st degree murder must be proved beyond a reasonable doubt.

Juveniles as well as capital punishment itself should be set by a State by State basis. Of course I can see why the Justices sited international law since the International Covenant on Civil and Political Rights was ratified in 1992.

Of course during the ratification process the United States exempt themselves from the language of the juvenile clause but I guess the social handlers in the USSC made sure the people would not have a voice. This is the main reason why I oppose this USSC decision.
62 posted on 03/01/2005 12:16:13 PM PST by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians)
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To: Labyrinthos
So if he is lucky enough to kill me before I kill him in self defense he can skate. Right?.. How do the "I have a problem" folks feel about shooting the bast*rd before he murders...in self defense of course? If that's permissible why not before he murders AGAIN? And where does the nature of the crime come in? Say a 17 yr 11 month old rapes, tortures, and decapitates a 5 year old little girl (say your daughter) and because he is 1 month from the "line" he gets paroled down the line to find another little girl? gee whiz. It's not age but the circumstance and behavior of the perp that matters. Where are your boundaries? I respect you and your right to an opinion but personally think your logic sucks....again IMHO.
63 posted on 03/01/2005 12:22:34 PM PST by Les_Miserables
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To: So Cal Rocket
JP Stevens turns 85 next month.

I realize that. Plus Ruth Buzzi Ginsburg, although "only" in her early 70s, has been having some health problems. But I just don't see much chance of any of the liberal justices leaving the Supreme Court during Bush's term unless they leave it feet first.

There is no question that Rehnquist will step down at the end of this term. O'Connor is also likely to step down during the next 3 years. It will be an uphill fight to replace either of them with conservatives.

Replacing Rehnquist with another conservative will not affect the balance of the Court. Replacing him with a moderate or a liberal obviously would. Replacing O'Connor with a conservative would tilt the balance in a few cases, but O'Connor sides with the conservative block more often than she does with the liberal block.

64 posted on 03/01/2005 1:04:01 PM PST by kennedy ("Why would I listen to losers?")
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To: So Cal Rocket; All
The oath of office for the SCOTUS is defined According to Title 28, Chapter I, Part 453 of the United States Code, each Supreme Court Justice takes the following oath:

"I, [NAME], do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as [TITLE] under the Constitution and laws of the United States. So help me God.''

Pretty weak and mushy if you ask me.

I would suggest that this oath needs to be modified (I believe this is within the power of the Justice Dept or at least the congress) and if it were, violation of it then could be considered not in "Good Behavior" the criteria for serving on the court in the first place.

The first suggestion I would make is to forswear any consideration of or any reference to any law or international treaty as a basis when interpreting the US Constitution. That would boot several of these judges who have indicated international law should bear on how they interpret our constitution. I am a believer in the philosophy of original intent but I don't think that needs to be included in the oath to cause a significant course correction of this runaway judicial body.
65 posted on 03/01/2005 1:36:02 PM PST by Les_Miserables
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To: kennedy
The only way to turn the Court to the right would be for Bush to replace Kennedy, Stevens, Souter, Ginsburg or Breyer. I don't see any of those five stepping down during the next 4 years.

Souter and Breyer won't leave unless they die (which I don't think anyone wants to happen despite their voting habits) but O'Connor, Stevens and maybe Ginsburg could all be gone at any time. Stevens is almost 85, many think O'Connor will leave at the same time or soon after her good friend, William Rehnquist leaves. Ginsburg is a major ? because of her history of cancer one doesn't know if she could be forced to step down due to poor health.

66 posted on 03/01/2005 1:40:20 PM PST by COEXERJ145
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To: Les_Miserables
How do the "I have a problem" folks feel about shooting the bast*rd before he murders...in self defense of course? If that's permissible why not before he murders AGAIN? And where does the nature of the crime come in? Say a 17 yr 11 month old rapes, tortures, and decapitates a 5 year old little girl (say your daughter) and because he is 1 month from the "line" he gets paroled down the line to find another little girl? gee whiz. It's not age but the circumstance and behavior of the perp that matters. Where are your boundaries? I respect you and your right to an opinion but personally think your logic sucks....again IMHO.

How is the person going to murder again if he is sentenced to life without parole in solitary confinement in a 4x8 foot cell without windows, eating baloney sandwiches three times a day, while wearing pink panties on his head? I'm not against severe punishment.

As far as logic is concerned, there are three generally accepted goals in the criminal justice system: Deterrence, prevention, and retribution. The death penalty is obviously not a deterrent to others because if it was, then States like Texas, Georgia, Arizona, and Florida would have the lowest murder rates in the Country, rather than some of the highest rates. Prevention of future criminal conduct is certainly a worthy goal and the death penalty definitely works in that respect. But so does life without parole. That leaves retribution. And while I understand the human desire to seek revenge, I don't think we should be stooping to the level of third world, non-Judeao/Christian societies (I think you know who I'm talking about) where revenge killings are part of daily life.

With that said, if you have read my other posts you should have noted that I do not believe the death penalty is unconstitutional under most circumstances if the defendant was capable of forming and, in fact, formed the requisite mens rea to commit the crime. I do think the death penally is barbaric and unnecessary, and should be legislated out of existence on a state by state basis or by amending the constitution itself, but I don't think it is unconstitutional under most circumstances.

67 posted on 03/01/2005 1:51:46 PM PST by Labyrinthos
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To: COEXERJ145
Stevens will not step down unless until a Democrat is president. Neither will Kennedy, Souter, Ginsburg or Breyer. That means unless one of them dies in office, Bush will not have an opportunity to move the Court to the right.

Rehnquist will almost certainly step down at the end of this Court term and O'Connor is likely to step down sometime during Bush's term. Replacing them with conservatives won't affect the current balance of the Court. Bush could, however, end up moving the Court to the left if he replaces either Rehnquist or O'Connor with a liberal.

I know he would not do so intentionally, but Stevens, Kennedy and Souter were all Republican nominees (Stevens was appointed by Nixon, Kennedy by Reagan and Souter by Bush Sr.) Why is it that Republican presidents seem to pick liberal Justices half the time but Democrat presidents never pick conservative Justices?

68 posted on 03/01/2005 1:54:31 PM PST by kennedy ("Why would I listen to losers?")
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To: kennedy
Rehnquist will almost certainly step down at the end of this Court term and O'Connor is likely to step down sometime during Bush's term. Replacing them with conservatives won't affect the current balance of the Court. Bush could, however, end up moving the Court to the left if he replaces either Rehnquist or O'Connor with a liberal.

Well, Kennedy wasn't that bad when he was first appointed but he has been moving hard left ever since Bush v. Gore. As for Souter, he was picked basically because he had never ruled or written on anything controversial and Bush 41 was promised that Souter was "conservative" and didn't do much to verify this claim.

69 posted on 03/01/2005 1:59:58 PM PST by COEXERJ145
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To: Labyrinthos

It is a very sad thought, but in the end, the Kingdom of Heaven will reward those women infinity times over. I'm glad others see it my way, too, every once and a while. ;)


70 posted on 03/01/2005 4:32:14 PM PST by metalmanx2j (Liberals suck! I don't care who knows it!)
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To: Labyrinthos
How is the person going to murder again if he is sentenced to life without parole in solitary confinement in a 4x8 foot cell without windows, eating baloney sandwiches three times a day, while wearing pink panties on his head? I'm not against severe punishment.

And where did you get this description of what I am to presume is the sentence of the 17 yr 11 month old I referenced? If you think murderers sentenced to life are not eligible for parole at some point you need to increase your research. There are some who believe your lifetime solitary confinement is cruel and unusual especially for a 17 yr old...The same sympathetic logic that allows a murderer to escape death by one month will clearly be at the parole hearing arguing that the defendant has been a exemplary prisoner and should be set free...

I also find your comment below perplexing....

With that said, if you have read my other posts you should have noted that I do not believe the death penalty is unconstitutional under most circumstances if the defendant was capable of forming and, in fact, formed the requisite mens rea to commit the crime. I do think the death penally is barbaric and unnecessary, and should be legislated out of existence on a state by state basis or by amending the constitution itself, but I don't think it is unconstitutional under most circumstances.

How can it both be barbaric and constitutional under the definition of cruel and unusual punishment? BTW it clearly deters the executed criminal from further transgressions. While we are doing research lets count those who have been murdered by convicted but released murderers and help their families understand that to have executed the killers before they had chance to kill again would have been too cruel..And indeed what if the 17 yr old is "capable of forming and, in fact, formed the requisite mens rea to commit the crime" Why should he escape death because he is 17 (and I speak as a father of a 19 yr old who at 17 was a dingbat teenager but was fully capable of understanding murder and the consequences of same).

We have to agree to disagree.

71 posted on 03/01/2005 4:58:10 PM PST by Les_Miserables
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To: mvpel
Well, now we're no longer in the company of Congo, Iran, Nigeria, and Saudi Arabia, the only countries left in the world which still execute minors.

We execute them for far worse things ...

72 posted on 03/01/2005 5:38:10 PM PST by Mr. Buzzcut (metal god ... visit The Ponderosa .... www.vandelay.com)
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To: agarrett
Yes. If you're old enough to murder, you're old enough to be hanged.

I think I realized at about 4 years old the consequences of murder. For some to think that 16 and 17 year olds -- who are smart enough to skate by on the wrong side of the law, plan their crimes and carry them out-- do not, is fatuous.

73 posted on 03/01/2005 5:44:59 PM PST by Mr. Buzzcut (metal god ... visit The Ponderosa .... www.vandelay.com)
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To: mvpel
So what if other countries dont execute minors.

The American people should decide what we want and not go by what other countries do.

Let those other countries go to hell if they want to keep killers alive.

74 posted on 03/01/2005 6:34:06 PM PST by M 91 u2 K (Kahane was Right!)
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To: Quick1
Unbelieveable that there were even four justices in support of killing children.

Of course they will be in their mid to late twenties by the time the sentence is carried out. Also, consider that for prosecution to pursue the death penalty on someone under 18 and for the jury to impose it, the crimes had to have been particulary horrific.

Two of the "children" released from death row by this ruling are the murderers and rapists Perez and Villareal who raped and murdered 15 year old Elizabeth Pena and 14 year old Jennifer Ertman in Texas about 12 years ago. They not only raped them but violated them in every orifice before beating them to death. Then they called the girls' parents and asked if they knew where their daughters were. Nice kids that SCOTUS has let off the hook.
75 posted on 03/02/2005 1:08:54 AM PST by jaykay (Old enough to know better, even by U.S. Supreme Court standards.)
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To: skeeter
Wonderful news, and at the very same time we're importing youthful gang members fm south & central america by the thousands.

And we can't just pack up and leave like the Dutch. Where on the planet is a country that isn't going/gone insane with socialism? Where will we run to in ten years when we can't safely live and raise children in what's left of what used to be the U.S.A? Maybe Iraq. Maybe that's why Bush is trying to create a civilized nation in the M.E. Maybe we'll get favorable immigration status.
76 posted on 03/02/2005 1:16:58 AM PST by jaykay (Old enough to know better, even by U.S. Supreme Court standards.)
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To: Labyrinthos
What also boggles my mind is the numebr of pro-death penalty advocates who regularly pray to God for everything from the winning lotto numbers, to good weather for their upcoming vacation, high grades on their children's report card, business success, and good health, but don't trust God enough to judge those convicted of murder by us mere humans and administer the ultimate punishment.

Trusting God to judge murderers does not do me any good here on Earth where we have to deal with those murderers until God chooses to do so. These murdering youths are dangerous to fellow inmates and to corrections officers while in prison. They are a danger to the general public if they should escape or be released. Don't think that they cannot ever be released. Texas was about to release convicted, confessed serial killer Coral Watts, who promised to resume killing. Fortunately some prosecutors in Michigan pinned one of his old murders on him and locked him up (hopefully) forever.

Executing murderers is not about "justice." When an innocent person is murdered, there can be no justice, no matter what you do to the killer, the dead cannot be given back their life. The point is to protect the rest of us from someone who has demonstrated how dangerous they are.
77 posted on 03/02/2005 1:42:58 AM PST by jaykay (Old enough to know better, even by U.S. Supreme Court standards.)
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To: So Cal Rocket
"Our society views juveniles ... as categorically less culpable than the average criminal," Kennedy wrote.

Why? Are their victims any less dead?

Talk about cruel punishment:

Here's a case where a couple of wee poor babes didn't know what they were doing. /sarcasm

FACTS

¶2.Sixteen-year old Stephen Virgil McGilberry was charged with the deaths of 44-year-old Patricia Purifoy, his mother; 44-year-old Kenneth Purifoy, his step-father; 24-year-old Kimberly Self, his half-sister, and 3-year-old Kristopher Self, his nephew and Kimberly's son.Police were called to Kenneth and Patricia's home on October 23, 1994, where they found the four bludgeoned bodies.An investigation revealed that McGilberry and 14- year-old Chris Johnson had taken Kimberly's car and driven to a friend's house in another town.The next morning, their friend's mother, Brenda Smith Saucier, drove the pair back to the Purifoy home, where police were waiting.

¶3.After McGilberry was read his Miranda rights, he signed a waiver.He then confessed to the killings and told authorities that he and Johnson had committed the murders with baseball bats.McGilberry indicated that he was disgruntled because his driving privileges had been taken away and that he had bludgeoned Kenneth and Kimberly while John had hit Patricia and Kristopher.McGilberry also admitted striking his mother with the baseball bat because he felt that she was suffering.McGilberry told police that he had taken cash and credit cards from his mother and then driven away in Kimberly's car.Blood stains on McGilberry's clothing matched the blood types of the victims.

¶8.At trial, the State was granted a jury instruction which required the jury to consider whether the crimes were especially heinous, atrocious or cruel.McGilberry argues that the murders were not heinous, atrocious or cruel because the victims were either rendered unconscious by the blows or were killed nearly instantly.McGilberry claims that defense counsel should have objected at trial and should have raised the matter on direct appeal.

Did more digging. This 16 year old knew exactly what he was doing.

¶2. McGilberry, who was 16 years of age at the time, lived at 7101 Dewberry Street in the St. Martin community in Jackson County, Mississippi, in the home of his stepfather and mother, Kenneth and Patricia Purifoy. McGilberry's half-sister, Kimberly Self, and her son, Kristopher Self, also lived in the Purifoy home.

¶3. McGilberry and Meyer Shawn Ashley ("Ashley") initially planned only to steal his half sister's green GEO Storm and sell it for cash or drugs in New Orleans. One week prior to the murders, McGilberry approached Ashley about killing his family. Ashley withdrew from the plot the Friday night before the murders when "things didn't sound right." On Saturday, McGilberry then discussed the murders with Chris Johnson ("Johnson"), who was 14 years of age. That Saturday night, McGilberry had a dream in which he visualized killing his parents. It was after this dream that he went down the street to Johnson's house where the plan to murder his family evolved.

¶4. McGilberry and Johnson returned to McGilberry's residence sometime around 10:30 a.m. on Sunday morning, October 23, 1994. They originally considered slitting his parents' throats with a utility knife which police later found under a box in the attic of the Purifoy's home. This changed when they realized that it would be impossible to cut their throats because of the way Kenneth was sleeping. McGilberry and Johnson were in the garage smoking cigarettes when Johnson picked up a baseball bat and suggested that they knock their victims unconscious. They decided to hit the victims in the head with the baseball bat, drag them into the garage, weight the bodies and dump them off the pier. Due to the fact that McGilberry's mother was awake, the two were unable to execute their plan immediately. They placed the bats outside McGilberry's bedroom window and went back inside the house.

http://www.mslawyer.com/mssc/cases/990603/9700213.html

78 posted on 03/02/2005 8:10:02 AM PST by Netizen (jmo)
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To: Les_Miserables
If you think murderers sentenced to life are not eligible for parole at some point you need to increase your research.

I am well aware of sentencing guideline under both Federal Law and the laws of my state, and I recognize that parole is often granted to convcted killers. A state legislature that is willing to enact a death penalty, however, ought to be able to enact a law requiring life without parole.

I also find your comment below perplexing....

The death penalty is barbaric from a moral standpoint, not a legal or constitutional standpoint. I also think that the 8th Amendment was originally intended to focus upon the means, not the ends. provided the ends is not disproportionate to the crime. In other words, the ends or ultimate penalty for a particular crime is a state legislative issue that doesn't implicate 8th Amendment concerns provided the means for implementing the penalty is neither cruel or unusual.

79 posted on 03/02/2005 10:24:01 AM PST by Labyrinthos
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To: Les_Miserables
If you think murderers sentenced to life are not eligible for parole at some point you need to increase your research.

I am well aware of sentencing guideline under both Federal Law and the laws of my state, and I recognize that parole is often granted to convcted killers. A state legislature that is willing to enact a death penalty, however, ought to be able to enact a law requiring life without parole.

I also find your comment below perplexing....

The death penalty is barbaric from a moral standpoint, not a legal or constitutional standpoint. I also think that the 8th Amendment was originally intended to focus upon the means, not the ends. provided the ends is not disproportionate to the crime. In other words, the ends or ultimate penalty for a particular crime is a state legislative issue that doesn't implicate 8th Amendment concerns provided the means for implementing the penalty is neither cruel or unusual.

80 posted on 03/02/2005 10:24:30 AM PST by Labyrinthos
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