Tuesday, March 01, 2005

Here's a Supreme Court Decision I can agree with.

You might find it stunning that someone like me would agree with a decision like this, but the fact is I've always been troubled by the mixed messages we send our youth, and the entire concept of putting an individual that, in every other respect, is a child on trial as if they were an adult is just one of the more troubling messages we send out.

As we all know, children are denied many privileges that we take for granted as adults. Children, for example, cannot vote, own property, give permission for medical procedures (well, except abortions, of course... yet another troubling message.) get their ears pierced, buy alcohol and the like.

Those conditions are fairly straight forward. But let a child commit a crime... well, suddenly, because of their actions, actions that legally in so many other areas they are incapable of forming the requisite adult intent... they magically become "adults."

So, a 14 year old can't buy a car. But a 14 year old can be tried as an adult.

A 14 year old can't get her ears pierced without a parent's permission. But a 14 year old can undergo an abortion... without even her parent's knowledge.

In Washington State, an 11 year old may have sex with a 13 year old, but not a 14 year old... (RCW 9A.44.060) a 12 year old may have sex with a 14 year old, but not a 15 year old... (RCW 9A.44.073) and a 14 year old may have sex with a 17 year old, but not an 18 year old... (RCW 9A.44.076)

That is utterly without logic. Yet these are just some of the standard, confusing messages we send out to our youth of today.

I believe sending these messages out to our children causes our society many of our problems. Our laws and social mores have a built in "fudge factor."

I disagree with such a social and legal policy. I believe that our laws should be certain and unambiguous. I believe that a child is a child, unambiguously, until they become an adult, either through reaching the age of 18 or by undergoing the legal process of emancipation.

The responsibilities of a child should never be a gamble. Children should never have to "guess." Children should not be allowed the opportunity to make "adult" decisions in any area. Children should never have "adult" responsibility placed on them. The very definition of "child" precludes this kind of thing. We would be much better off if we were to legally eliminate the ever-increasing number of grey areas, where a child is a child... except for "fill in the blank."

And, based on this decision, this is one less "guess" for our children to make.

High Court Ends Death Penalty for Youths

Mar 1, 10:46 AM (ET)

By HOPE YEN

WASHINGTON (AP) - The Supreme Court ruled Tuesday that the Constitution forbids the execution of killers who were under 18 when they committed their crimes, ending a practice used in 19 states.

The 5-4 decision throws out the death sentences of about 70 juvenile murderers and bars states from seeking to execute minors for future crimes.

The executions, the court said, were unconstitutionally cruel.

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