The Supreme Court held unconstitutional the death penalty for minors under the age of 18, today (3/1/05), in Roper v. Simmons (03-633).
Amendments 8, 14.
Justice Anthony M. Kennedy, writing for the Court, citing a trend to limit or abolish the death penalty.
In Europe it's been outlawed.
Excerpt from the headnote prepared by the official court reporter of decisions (i.e. not a part of the opinion itself, although it may be quoting):
When a juvenile commits a heinous crime, the State can exact forfeiture of some of the most basic liberties, but the State cannot extinguish his life and his potential to attain a mature understanding of his own humanity.
While drawing the line at 18 is subject to the objections always raised against categorical rules, that is the point where society draws the line for many purposes between childhood and adulthood and the age at which the line for death eligibility ought to rest. Stanford should be deemed no longer controlling on this issue. Pp. 14—21. [Emphasis added]
On the reference to foreign law:
The overwhelming weight of international opinion against the juvenile death penalty is not controlling here, but provides respected and significant confirmation for the Court’s determination that the penalty is disproportionate punishment for offenders under 18. See, e.g., Thompson, supra, at 830—831, and n. 31.
The United States is the only country in the world that continues to give official sanction to the juvenile penalty.
It does not lessen fidelity to the Constitution or pride in its origins to acknowledge that the express affirmation of certain fundamental rights by other nations and peoples underscores the centrality of those same rights within our own heritage of freedom. Pp. 21—25.
In the name of liberty we no longer execute juvenile killers. I can remember that.
Expect criticism for looking to "foreign" law, i.e.Europe, the mother culture, as flavored by the rest.