REMARKS FOR 1/14 NEWS CONFERENCE
LOUISVILLE, KY
3:00 PM
Thank you, Senator Neal, Representative Webb, for inviting me to
join you today.
I am happy to be here to support your efforts toward ending capital
punishment for juvenile offenders. This is an issue that is very important to
this state and to the nation as a whole. It is one that goes to who we are as a
country. And I applaud Senator Neal for his Racial Justice Act, which
addressed several of the issues we at the American Bar Association have
been working on, concerning the fair administration of justice in this
country.
As you may know, the ABA has no policy for or against the death
penalty. But we do have policy in favor of a moratorium on executions until
it can assured that the death penalty is administered fairly and in accordance
with due process protections. As a former ABA president said, “a system
that would take life must first give justice.” And we support a moratorium
until issues of fairness can be resolved.
The ABA has long been concerned about the inherent unfairness in
executing people who commit capital offenses as juveniles. We first
adopted policy in 1983 with the passage of a resolution opposing, - quote —
“the imposition of capital punishment upon any person for any offense
committed while under the age of eighteen.” That policy, as with all of our
policies, represents the views of our more than 400-thousand members. And
as such, that policy represents the voice of the legal profession in this
country.
We are proud to take a position opposing the death penalty for
juveniles. We believe that in so doing, we express most clearly the value we
place upon our most important natural resource, and the future of this
country — our children.
As anyone who has children knows, they are different from adults in
many ways. Mentally, physically and emotionally, children cannot be held
to the same standard as adults. They simply are not on an equal level
developmentally. In fact, recent scientific evidence shows that the brain
continues to develop until an individual is in his or her 20s, with functions
such as impulse control, decision-making, reasoning and judgment
developing last.
Our history of jurisprudence recognizes this difference, and has
indicated 18 as the age of majority in most states, including Kentucky.
Juveniles — minors — are prohibited from many things. They cannot
legally drink alcohol or buy cigarettes; they cannot serve on juries; cannot
vote, and cannot enter into contracts, or serve in our armed forces. As a
society, we say that those responsibilities and privileges are too great for
juveniles to assume.
Yet here in Kentucky, and in 21 other states, we still say it’s okay to
execute those who committed crimes while under the age of 18. To exact
the ultimate punishment on our young people is to ignore the fundamental
principles of the American system of justice.
We all know that teenagers are less mature than adults, and therefore
less culpable for their actions. We know they are less able to assess risk or
make good decisions, and less able to control their anger and their impulses.
Teenagers are more susceptible to peer pressure and other external
influences. Particularly among our most troubled youth — the ones who
typically become embroiled in our justice system during adolescence -- we
frequently see learning disabilities, mental illness, abuse, neglect and
trauma. These kids are even more prone to immature, reckless and
dangerous behavior.
We believe that the ultimate sanction — the death penalty — should be
reserved for the “worst of the worst” offenders, defined according to a
degree of intent and culpability. As such, we cannot continue executing
juvenile offenders.
Kentucky has available other sanctions for juveniles who commit
serious crimes. We believe those punishments will protect public safety and
to help provide closure to the victims’ families and loved ones. In Kentucky
capital cases, juveniles can be subject to life imprisonment without any
possibility of parole; or imprisonment with parole eligibility in 25 years or
20 years. In short, juveniles can be taken out of society for long, long
periods of time.
We know that measures such as the one Senator Neal has introduced
in the Senate and Representative Webb has introduced in the House of
Representatives represent the growing opposition to the juvenile death
penalty in this country. A Gallup poll in May of last year showed that 69-
percent of US adults oppose the death penalty for juveniles. Here in
Kentucky, a survey by the University of Kentucky Research Center in 2000,
found that only 15 percent of your state’s residents believe a death sentence
is the most appropriate punishment for 16- and 17-year olds convicted of
aggravated murder. Just 15 percent.
The international community has roundly condemned juvenile
executions in many human rights covenants and treaties, and virtually every
country has eliminated the practice. While juvenile executions have
reportedly taken place over the past two years in the US, Iran and Pakistan,
the US stands alone as the only country in the world that publicly sanctions
it.
In addition to public opinion and international sentiment, there may
also be constitutional reasons to end executions of juvenile offenders. At the
end of the last term, the Supreme Court noted in Atkins versus Virginia that
there exists a national consensus against executing those with mental
retardation. Given the ABA’s long-standing policy opposing the execution
of the mentally retarded, we applaud the Court’s decision in that case. We
also see that the reasoning of the Court in Atkins is highly relevant to
juvenile offenders.
In Atkins, the Court stated that “because of their disabilities in areas of
reasoning, judgment, and control of their impulses, they do not act with the
level of moral culpability that characterizes the most serious adult criminal
conduct.” Executing the mentally retarded was found to be in violation of
the 8" Amendment prohibition on cruel and unusual punishment. That
Amendment draws its meaning from — quote — “the evolving standards of
decency that mark the progress of a maturing society.” This is the standard
applied in Atkins. Using that same standard, we should end capital
punishment for juvenile offenders.
I hope that this bill passes the Kentucky House and Senate. I hope
similar legislation becomes the law of the land. We at the ABA are happy to
lend our support in any way that we can. Working on this effort together,
we can move the state — and the nation — forward toward improving the
quality of justice for children in our nation’s courts.
