March 2
TEXAS:
For Adults Only: Executions of juvenile offenders had to end
By outlawing the execution of juvenile offenders yesterday, the Supreme
Court wisely accepted a view formed of common sense and supported by
science: Young people with undeveloped brains are not fully capable of
adult reasoning.
The American Medical Association has amassed conclusive scientific
evidence showing that impulse control, regulation of emotions, risk
assessment and moral reasoning are the last parts of the brain to reach
maturity. On some level, science aside, every parent already knew this.
And yet lawmakers have been inconsistent when it comes to dealing with
children. Laws say juveniles are too immature to buy beer and cigarettes,
to vote and to enlist in the armed forces. But, until yesterday, they
could have been deemed mature enough to face the ultimate punishment for
their crimes.
Of course, the 29 men on death row in Texas for crimes they committed as
juveniles should stay behind bars. They must be held responsible for their
crimes. But the highest form of punishment should be reserved for those
who have the highest level of brain development.
That's the thinking of the rest of the world. Since 1990, the Democratic
Republic of Congo, Iran, Nigeria, Pakistan, Saudi Arabia and Yemen are the
only other nations to have executed juvenile offenders. The United States
stands alone even among these peers as the only nation refusing to sign
international treaties that would forbid the practice.
Justice Sandra Day O'Connor was one of the four dissenting votes. She said
she wants more evidence that society "truly has set its face against this
practice." As tempting as it may be to answer her challenge with public
opinion polls showing support for the death penalty in the 70 percent
range and support for executing young offenders well below a majority,
public opinion is not the most compelling reason to end this practice.
Neither is the appearance of hypocrisy on the international human rights
stage.
The bottom line is that scientists have learned more about when young
people are capable of adult reasoning, and that science must be our guide.
(source: Editorial, Dallas Morning News)
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[my response]--
To the Editor:
It is nice to see your paper agree with the US Supreme Court decision
abolishing executions for juvenile offenders.
But it is perverse and absurd to state that "the highest form of
punishment should be reserved for those who have the highest level of
brain development....That's the thinking of the rest of the world."
Nothing could be further from the truth. The majority of the world's
nations either do not have or do not use the death penalty at all, and an
average of 4 more countries every year completely abolish the practice.
The US remains an aberration in its acceptance and usage of this barbaric
institution.
"The highest....brain development"?? A large percentage of death row
inmates in Texas and nationally suffer some form of (severe) mental
illness. Last year the Texas Board of Pardons and Paroles recommended in
a 5-1 vote to spare the life of Kelsey Patterson, who was seriously
mentally ill. Patterson was nonethless put to death when Gov. Perry
overrode the BPP recommendation of clemency.
Most death row inmates do not have "the highest brain development." To the
contrary, your own survey of national death row inmates, "America's
Condemned", indicated that most had little formal education, suffered
abuse and mental problems, and frequently had long history of criminal
behaviors and social maladjustment.
We are not executing rocket scientists. America's condemned, most of
whom are guilty, come from backgrounds and experiences that most of us
cannot (and do not ever want to) relate to.
These (guilty) folks should indeed be punished. Keep them in prison where
they belong and where they can hopefully get the mental health care they
need.
The DMN knows full well how faulty the Texas (and US) death penalty system
is, and it is outrageous that you can still advocate that those with
"high brain development" be killed. You should be ashamed for expecting
this society to accept such nonsense.
Rick Halperin
President, Texas Coalition to Abolish the Death Penalty and
member, Amnesty International USA Board of Directors
