March 01, 2005
Supreme Court Voids Juvenile Death Sentences

So goes the ruling:

WASHINGTON (AP) - A closely divided Supreme Court ruled Tuesday that it's unconstitutional to execute juvenile killers, ending a practice in 19 states that has been roundly condemned by many of America's closest allies.

The 5-4 decision throws out the death sentences of 72 murderers who were under 18 when they committed their crimes and bars states from seeking to execute minors for future crimes.

As an opponent of the death penalty I find the ruling bizarre - if its cruel and unusual to execute a 17 year old murderer, then its cruel and unusual to execute an 18 year old murderer. Thing is, the death penalty is never, ever cruel and unusual - it is, in my view, just not the most effective way to punish, with the additional problem of the possibility of executing the innocent. Rather than death, I'd sentence our worst criminals to a very, very hard life term.

This, though, is apparently the most our more liberal justices felt they could get away with - just a "minor" usurpation of the rights of the people to maintain their own criminal justice system, dressed up in Constitutional garb.

Posted by Mark Noonan on March 1, 2005 01:56 PM