Supreme Court strikes down death penalty for juveniles
Posted 3/1/2005 10:16 AM Updated 3/2/2005 9:41 AM
By Joan Biskupic, USA TODAY
WASHINGTON — A divided U.S. Supreme Court ruled Tuesday that convicted killers who were younger than 18 at the time of their crimes cannot be executed, in part because there is a "national consensus" among states that such executions are wrong.
Society considers juveniles 'less culpable than the average criminal,' Justice Anthony Kennedy wrote. By Tim Dillon, USA TODAY
By a 5-4 vote, the justices said the Eighth Amendment's prohibition of cruel and unusual punishment bans the execution of juvenile offenders. The decision, announced by Justice Anthony Kennedy during a dramatic court session that revealed the tension among the justices over the issue, invalidates laws in 20 states. It lifts the death sentences of 70 juvenile offenders nationwide; they probably will be re-sentenced to life in prison. (Related: Majority opinion)
The decision comes three years after the court banned executions of mentally retarded inmates. The rulings reflect the prevailing view of today's court: that capital punishment should be reserved for the "worst offenders" and that the mentally retarded and juveniles cannot reliably be classified that way.
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