Julian Borger
Joining the rest of civilization
The Supreme Court brings the U.S. out from the cold, ruling that juvenile execution constitutes cruel and unusual punishment.
The United States bowed to international and domestic pressure Tuesday, becoming the last country in the world officially to abolish the death penalty for offenders who were under 18 when they committed murder. The Supreme Court ruling will spare up to 70 inmates who are on death row for committing murders while aged 16 or 17, and it removes a source of friction between the United States and Europe. The European Union welcomed the decision, but said it “opposes capital punishment under all circumstances.”
Former U.S. President Jimmy Carter said that with the ruling the United States had joined “the community of nations.” “The Supreme Court decision confirms recent, compelling scientific research findings that the capacity for curbing impulsiveness, using sound judgment and exercising self-control is much less developed in adolescents than in adults,” Carter said in a statement.
The ruling, passed by a 5-4 majority, was made in the case of Christopher Simmons, who was 17 in 1993 when a woman died after he threw her off a bridge in Missouri. The swing vote came from Justice Anthony Kennedy, who normally sides with the conservatives on the bench.
In giving his reasons, Kennedy explicitly cited the role of world opinion. “It is proper that we acknowledge the overwhelming weight of international opinion against the juvenile death penalty, resting in large part on the understanding that the instability and emotional imbalance of young people may often be a factor in the crime,” he wrote, adding that there was an emerging national consensus against juvenile execution.
Dissenting from the majority view, Justice Antonin Scalia argued that foreign pressure should play no role in the decision. He said the Constitution should not be determined by “the subjective views of five members of this court and like-minded foreigners.”
The judges ruled that juvenile execution conflicted with the Eighth Amendment of the Constitution, which outlaws “cruel and unusual punishment.”
“To decide what is cruel and unusual you don’t look at what was happening 200 years ago. You look at evolving standards of decency. In that specific area, what is going on in the rest of the world is relevant,” said Stephen Harper, an expert on juvenile law at the University of Miami. “Clearly, international opinion had some effect on the court.”
Capital punishment still has majority support in the United States. However, this is the second significant judicial limit imposed in recent years. In 2002 the execution of convicts with learning difficulties was abolished. The decision brings the United States into line with the rest of the world. The execution of juveniles is explicitly banned in the U.N. Convention on the Rights of the Child, which has been ratified by every country except the United States and Somalia, which has no recognized government.
Of the 39 executions of child offenders recorded by Amnesty International since 1990, 19 took place in the United States. The other countries include Iran, China, Congo, Saudi Arabia, Pakistan and Yemen, but the United States was the last government to condone and defend the practice officially. Iran has formulated a law banning such executions, but it has not yet been put into practice.
“Until today the U.S. was the only country that officially executed child offenders; today’s ruling finally brings the U.S. out from the cold on this issue,” Kate Allen, Amnesty International’s U.K. director, said in a statement. “The death penalty does nothing to deter crime and is a human rights violation that brings shame on those countries that use it. In addition, innocent people are always at risk of execution.”
In 1988 the Supreme Court outlawed the execution of anyone 15 or under. At the time of Tuesday’s ruling, 15 states had death penalties for offenders as young as 16, while four had a minimum age of 17.
Showdown over science
The teaching of "intelligent design" alongside evolution in public schools gets its first legal test at a trial in Pennsylvania.
Religion and science clashed in a drab Pennsylvania courtroom Monday over a test case that could decide how evolution is taught in America’s public schools.
The civil trial, triggered last year by a classroom battle, marks the beginning of the first major legal assault on evolution science in 18 years. The case also represents the first legal test of “intelligent design,” the belief that life on earth is too complex to be explained by random genetic mutation and therefore a guiding force must be involved.
Continue Reading CloseSacrificing the kids
A breakaway Mormon sect is accused of abandoning as many as 1,000 teenage boys to free up the group's females for polygamous marriages.
Up to 1,000 teenage boys have been separated from their parents and thrown out of their communities by a polygamous sect to make more young women available for older men, Utah officials claim. Many of these “lost boys,” some as young as 13, have simply been dumped on the side of the road in Arizona and Utah, by the leaders of the Fundamentalist Church of Jesus Christ of Latter-day Saints (FLDS), and told they will never see their families again or go to heaven.
The 10,000-strong FLDS, which broke away from the Mormon Church in 1890 when the mainstream faith disavowed polygamy, believes a man must marry at least three women to go to heaven. The sect appeared to be in turmoil Monday after its assets were frozen last week and a warrant was issued in Arizona on Friday for the arrest of its autocratic leader, Warren Jeffs, for arranging a wedding between an underage girl and a 28-year-old man who was already married.
Continue Reading CloseTriggering a new arms race?
Bush is expected to give the Air Force the go-ahead to develop advanced space-based weapons.
President Bush is expected to issue a directive in the next few weeks giving the U.S. Air Force a green light for the development of space weapons, potentially triggering a new global arms race, it was reported Wednesday. The new weapons being studied range from hunter-killer satellites to orbiting weapons using lasers, radio waves or even dense metal tubes dropped from space by weapons known as “rods from God” on ground targets.
A national security directive on space has been sought by the Air Force since last year. The New York Times Wednesday quoted a senior administration official as saying a decision is expected within weeks. Neither the Air Force nor the White House returned calls seeking comment.
Continue Reading Close“Crazed, pro-war lickspittles”
British M.P. George Galloway turns his Senate hearing on oil-for-food allegations into an indictment of the invasion of Iraq.
George Galloway confronted his accusers in the U.S. Senate Tuesday, denying any involvement in Iraqi oil trades and using the occasion to unleash an indictment of the war with a stunning ferocity. Galloway, the newly elected M.P. for Bethnal Green and Bow, was appearing before the Senate investigations subcommittee examining sanctions-busting oil deals in Iraq before the war.
In a lengthy preamble before his appearance, Senate staff presented a series of documents, enlarged and printed on huge white boards, which they said were Iraqi government memorandums naming Galloway as the recipient of highly lucrative allocations of cheap Iraqi oil under the U.N.-administered oil-for-food program.
Continue Reading CloseHelping Saddam
A Senate report says the Bush administration was aware of U.S. firms' illegal kickbacks to the Iraqi leader in oil-for-food sales but did nothing to stop them.
The U.S. administration turned a blind eye to extensive sanctions busting in the prewar sale of Iraqi oil, according to a new Senate investigation. A report released Monday night by Democratic staff on the Senate investigations subcommittee presents documentary evidence that the Bush administration was made aware of illegal oil sales and kickbacks paid to the Saddam Hussein regime but did nothing to stop them.
The scale of the shipments involved dwarfs those previously alleged by the Senate subcommittee against U.N. staff and European politicians like British M.P. George Galloway and the former French Interior Minister Charles Pasqua. In fact, the Senate report found that U.S. oil purchases accounted for 52 percent of the kickbacks paid to the regime in return for sales of cheap oil — more than those of the rest of the world put together.
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