Supreme Court hears death penalty case

Justices divided on executing juveniles

? The Supreme Court on Wednesday struggled to assess the morality and propriety of states’ executing murderers who killed at age 16 or 17 — the ultimate punishment carried out in few places outside the United States.

The court has outlawed executions for those 15 and under when they committed their crimes. Still, 19 states allow the death penalty for those older teenage killers.

Justices debated whether such killers are children who cannot grasp the consequences of their actions and should be kept from death row, or criminals whose executions would ensure justice for victims and deter other youths.

The justices seemed sharply aware of the world audience as they discussed whether the executions are cruel and unusual punishment in violation of the Constitution.

They heard arguments in a Missouri case involving Christopher Simmons, who at 17 kidnapped a neighbor and threw her off a bridge.

Juvenile offenders have been put to death in recent years in just a few other countries, including Iran, Pakistan, China and Saudi Arabia. All those countries have gone on record as opposing capital punishment for minors.

“We are literally alone in the world,” said Seth Waxman, Simmons’ lawyer.

Justices repeatedly referred to arguments filed on behalf of Simmons by foreign leaders, Nobel Peace Prize winners and former U.S. diplomats.

Justice Anthony M. Kennedy, a moderate expected to be a key swing vote, said that with world opinion against the punishment, “Does that have a bearing on what’s unusual?”

James Layton, representing the state of Missouri, said the court’s judgment about unconstitutional punishment in America “should not be based on what happens in the rest of the world.”

“Is there some special reason why what happens abroad would not be relevant here?” Justice Stephen Breyer asked.

Justice Ruth Bader Ginsburg, quoting from the Declaration of Independence, said that for the United States to lead, it must “show a decent respect for the opinions of mankind.”

Justice Antonin Scalia, a death penalty supporter, said the court could be asked to declare juveniles too immature to face punishment of any kind.

“Why pick on the death penalty? Why not say they’re immune from any criminal penalty?” he asked. “I don’t see where there’s a logical line.”