PSC 2302 Lecture Notes - Lecture 32: Homicide, Intellectual Disability
6 Dec 2016
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8th amendment: capital punishment issues, execution of minors. Stuck down the practice in roper v simmons, 2005: court looked to international law/norms and the us was among a small group that allowed for the execution of minors. Looked at the un def of rights of a child that the us ratified. They also looked at state level practices and this was in the minority. Apa they looked at the culpability of children and that they are as such as adults. Children don"t develop their capacity for moral reasons until later and that is why there is a difference: court says children can"t be given the death penalty. Similarly the court looked at youths with life imprisonment without parole also struck down in graham v fl (non homicide) and miller v al (homicide). The court kept looking at evolving standards as to what is cruel and unusual: execution of the intellectually disabled. Upheld in 80s and 90s in penry v lynbaugh.
