Teen Death Penalty
Amici Brief
Please Note: The following points are taken from the amici brief filed in support of the respondent, Simmons, in the U.S. Supreme Court case Roper v. Simmons. Amici briefs (sing. amicus) are briefs filed by individuals or organizations that do not have a direct stake in the outcome of a particular case before a court, but that have some sort of interest in the outcome. The formal name of these briefs are amicus curiae (Latin: "friend of the Court"). These briefs were filed by a significant number of organizations holding the opinion that the execution of individuals for crimes committed before the age of 18 violates the cruel and unusual punishment clause of the Eighth Amendment.
Issue: Whether the execution of an individual for murder who was seventeen years old at the time of the commission of the crime violates the cruel and unusual punishment clause of the Eighth Amendment to the U.S. Constitution?
Argument #1: Competency of Juveniles to Understand the Consequences of their Actions.
Scientific evidence shows that 16 and 17 year olds are impulsive and do not think about the consequences of their actions. Moreover, their brains are not developed to the point of full adults (adults usually defined as ages 20 and higher) and they are still trying to "find themselves." Moreover, the backgrounds of such individuals may also influence their actions. For instance, persons who have grown up in abusive households are more prone to violence (in this case, Simmons’ father was an alcoholic that sometimes beat him). Though these factors do not mitigate the heinousness of the crime, they do show that death is not the appropriate punishment.
Argument #2: International Law and Executing Juveniles
The vast majority of countries prohibit the execution for juveniles (persons under the age of 18). The U.N. Convention on the Rights of the Child, which President Clinton signed (with a reservation to the prohibition of the juvenile death penalty) but the Senate has yet to approve, also prohibits the execution of juveniles for crimes that they committed under the age of 18. Since so many other nations have already approved this convention, it is arguable that the prohibition of executing persons for crimes committed under the age of 18 is now a binding element of international law.
Argument #3: Eighteen as a Minimum Age for Execution
The government has set 18 as a minimum age for many activities, i.e., serving on a jury, gambling (in many states), being considered a legal adult, etc. It stands to reason that 18 should also be the minimum age for executing criminals.
Please Note: The petitioner's, Roper's, response to this arguments is as follows:
- Amici Argument #1 refuted by Roper's Argument #5.
- Amici Argument #2 refuted by Roper's Argument #4.
- Amici Argument #3 refuted by Roper's Argument #6.
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