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To Die or Not to Die

To Die or Not to Die. The Juvenile Death Penalty By Jennae Nelson. The Problem. Children under 18 are being sentenced to death on a daily basis despite the government’s efforts to protect the rights of children.

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To Die or Not to Die

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  1. To Die or Not to Die The Juvenile Death Penalty By Jennae Nelson

  2. The Problem • Children under 18 are being sentenced to death on a daily basis despite the government’s efforts to protect the rights of children. • Juveniles often need more protection than adults, but do not seem to be getting it.

  3. Cruel and Unusually Punishment 23 states allow the death penalty to be used on juveniles. the "cruel and unusual punishments" prohibition of the Eighth Amendment, made applicable to the States by the Fourteenth Amendment, prohibits the execution of a person who was under 16 years of age at the time of his or her offense.

  4. U.S. v. The World • As of 2002 all nations excluding the United States and 4 others have joined international agreements prohibiting the execution of juvenile offenders, we continually refuse to abandon our laws permitting the juvenile death penalty.

  5. Is it Fair? •  Juveniles under 18, cannot vote, sit on a jury, marry without parental consent, participate in organized gambling, patronize pool halls, pawn property, or purchase alcohol, pornographic materials, or cigarettes. • They hold a considerably lower maturity level than that of an adult and should be treated as such. This is why juvenile detention was developed. • Should juveniles really be sentenced to death when their lives have just begun?

  6. Juvenile Detention • A primary purpose of the juvenile justice system is to hold juvenile offenders accountable for delinquent acts while providing treatment, rehabilitative services, and programs designed to prevent future involvement in law-violating behavior. And it works. • It has been proven time and time again that young people can change, and usually want to.

  7. Maturity • Studies have shown that the frontal lobe of the brain- which controls impulsivity, judgment, planning for the future, foresight of consequences, and other characteristics that make people morally culpable- does not mature until a person reaches the early 20s. • Indeed, age 21 or 22 would be closer to the ‘biological’ age of maturity.

  8. “Youth is more than a chronological fact. It is a time of life when a person may be the most susceptible to influence and psychological damage. Our history is replete with laws and judicial recognition that minors, especially in their earlier years, are less mature and responsible than adults.” JusticePowell

  9. The Stats • Of the 6,881 total death sentences between the year 1973 and 2000, 196 were for juveniles. • Since the first juvenile executed in 1642, there have been 361 more individuals executed for crimes committed as juveniles.

  10. My Position • Although juveniles do have a sense of right and wrong they have not yet reached the highest level of thinking and problem solving. • Therefore the juvenile death penalty should be disposed of and not used on any offender under the age of 18. Then they are considered legal adults, and should be treated as such.

  11. References • “Juveniles and the Death Penalty” ncjrs.gov Nov. 2000, John J. Wilson, 11/18/10 • “Thompson v. Oklahoma’ http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=487&invol=815 11/11/10 • “Should Juvenile Offenders get the Death Penalty” Runak.com 2000, 11/11/10 • “Killing Kids: The Impact of Domingues v. Nevada on the Juvenile Death Penalty as a Violation of International Law” bc.edu, 11/11/10 • “The Constitutionality of the Juvenile Death Penalty” internationaljusticeproject.org, 11/11/10 • “Juvenile Death Penalty” oak.cats.ohiou.edu , 11/11/10

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