I'm not really sure where I stand on the death penalty as a general practice, but I don't believe minors should be exempt from capital punishment for capital crimes so long as capital punishment is in existence. As was brought up early in this debate, I simply do not see that any person should be held any less liable for a crime the day before their eighteenth birthday than the day after.
To this,
Rancid Uncle offered arguments both in his opening post and in a post subsequent to that of
Cephus:
QUOTE(Rancid Uncle @ Sep 19 2003 @ 09:57 AM)
This is totally unfair to somebody my age, I don't have full citizenship rights but I can receive all the penalties that person over 18 can get.
QUOTE(Rancid Uncle @ Sep 19 2003 @ 07:14 PM)
Would you mind having a jury of 13 year olds? Before someone's 18th birthday they have don't have full citizenship rights. Adults aren't the peers of minors according to the law. Under no circumstances could minors themselves be jurors. Not getting a jury of one's peers always leads to an unfair verdict.
While those under the age of eighteen and 21 do not have the rights to vote or drink, they are no less accountable for crimes than those who are of such ages or older. There is no protection from criminal prosecution merely because of age. Regarding peers, I am not familiar with any law requiring the jury for a criminal offense be the same age as the defendant. Correct me if I am wrong and there is some law requring minors to be judged only by fellow minors.
QUOTE(kimpossible @ Sep 20 2003 @ 02:11 AM)
What about those two little kids in England (good thing they dont have the death penalty at all) who were ten and brutally murdered a two year old? Should they have been put to death too? I guess they arent going to be any different eight years later when they turn of legal age (and probably not after being in a correctional institution-sarcasm).
Response to Cephus' day before/day after birthday argumentNot every murderer is sentenced to death. We have juries to hear the case not only in terms of guilt but also the circumstances surrounding guilt. There are degrees of murder and manslaughter shaped by circumstances which lead juries to decide upon extended imprisonment or execution for those found guilty of killing. If two ten year-olds inadvertantly kill a two year-old they are subject to punishment though not necessarily execution. If two ten year-olds, however, are found to have understood the implications of a fatal action, planned such action and then carried out a malicious act with the desire for another individual's life to be taken, they should by no means be exempt from whatever the maximum punishment is, regardless of their age
(IMO).
In a following post from
kim:
QUOTE(kimpossible @ Sep 21 2003 @ 12:54 AM)
Because its inhumane to kill children, and not give them a chance to rehabilitate. After eight years, I am not the same person I used to be, and I doubt they are either. I doubt you are. People can change and denying someone that chance is repugnent. And I know someone is going to come back with the argument: But they didnt give that person they killed a chance to live...
This isn't the only post in this thread to address the general practice of the death penalty rather than its application to minors, but it's the one that stood out for me. Whatever arguments for the rehabilitation of criminals or the morality of execution, what this debate seems to address isn't the overall acceptance or rejection of execution as punishment but the equal application of capital punishment for capital crimes.
QUOTE(Paladin Elspeth @ Oct 3 2003 @ 02:05 AM)
So...if a jealous four-year-old puts a plastic bag over his newborn sister's head to "make her go away" and the little girl dies, should the four-year-old be put to death? Should we labor to demonstrate that the four-year-old's action was pre-meditated?
I would say again pretty much what I said above. Certainly a four year-old should be subject to prosecution and punishment for that crime or any other crime. There are, however, circumstances to consider in such a case. There would, in such a case, likely be child psychologists called to witness whether the child in question understood the consequences of his or her actions, whether the child in question understood death in general, etc. If by some chance a four year-old could be shown to have committed pre-meditated murder, it would fall to a jury whether they receive extended imprisonment for possible rehabilitation or the death penalty. Again, not all murderers are candidates for the death penalty, nor are all those who are sentenced to it.
Persons found guilty of vehicular manslaughter aren't
(to my knowledge) sentenced to death anymore than a toddler who bludgeons another toddler to death with a Tonka truck would be.
If a minor is found guilty of crimes warranting the death penalty or any other penalty, I see no reason for granting an exemption on the basis of age. A minor who understands and conducts the same crime as an adult should, in my opinion, be subject to the same prosecution and punishment as an adult, though incarceration for such crimes could very well remain separated between juvenile and adult institutions.