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Contraditions in the US Supreme Court Decision

The U.S. Supreme Court ruled that imposing the death penalty on convicts who were younger than 18 when they committed their crimes is a violation of Eighth Amendment prohibitions on cruel and unusual punishment.

Justice Anthony Kennedy, in his majority opinion, wrote that there are several main differences between children (persons under age 18) and adults and these differences are what led the Court to arrive at its 5-4 decision. First of all, "a lack of maturity and an underdeveloped sense of responsibility are found in youth more often than in adults and these qualities often result in impetuous and ill-considered actions and decisions." Secondly, Kennedy stated that minors are more vulnerable or susceptible to negative influences and outside pressures, including peer pressure.

"We find it perplexing that the laws in our country, on the one hand, recognize the immaturity of young people to commit crimes while, on the other hand, declare that 12-year-old children in California are allegedly 'mature' enough to make decisions regarding obtaining an abortion or seeking other 'confidential medical services,'" said Karen England of Capitol Resource Institute.

"How can children, as young as 12, possibly know the gravity of their decision to undergo a major medical procedure?" said England. "The answer is: they can't. Children end up making 'impetuous and ill- considered' decisions and they are highly susceptible to 'negative influences' from adults other than their parents, when parents aren't notified."

"We should let Kennedy's words ring true when it comes to minors obtaining confidential medical services," continued England. "If children aren't mature enough to be forced to experience negative consequences of committing a crime, then they certainly aren't mature enough to be forced to experience the negative consequences of making bad medical decisions on their own. The double standard in our existing law needs to be addressed."

CRI works with school districts in California to address the issue of children leaving school campus to obtain confidential medical services without parental knowledge. CRI also strongly supports a California ballot initiative currently in circulation to require parental notification when minor children seek abortion services.

Posted by tim at March 3, 2005 7:58 AM

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