The law and the death penalty

The New York Times has an interesting discussion on the criminal sentencing of juveniles and the mentally handicapped, a topic we’ve discussed extensively here.  The article explores the difference between rules and standards in sentencing.  For example, “if you commit murder even hours before your 18th birthday, you cannot be put to death for your crime. The same killing a few hours later may be a capital offense.”  That is a clear rule about when to use the death penalty.  A similar Supreme Court ruling bars the execution of the mentally disabled.  According to the article, while this sounds like a rule, it is actually a standard, because determining mental handicap is somewhat subjective, as compared with proving age.  In the end, all of these debates link back to responsibility – at what age and level of mental capacity can we call people responsible for the crimes they commit?

-Marc

Related posts:

  1. Is it right to put an accomplice to death?
  2. Coates on capital punishment
  3. How young is too young for a life sentence?
  4. The world court
  5. Swine flu and global justice

November 25, 2009 · Filed Under Marc, Punishment, Responsibility

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  • Editors

    Jacob Bronsther is a law student at NYU, a former Fulbright Scholar to Mauritius, and a graduate of Cornell University. He has an MPhil in Political Theory from the University of Oxford.

  • Sam Gill is a consultant in Washington and a graduate of the University of Chicago. He studied Political Theory at Oxford as a Rhodes Scholar.

  • Marc Grinberg is a Presidential Management Fellow with the U.S. government and a graduate of Princeton University. He earned an MPhil in Political Theory from the University of Oxford.

  • John Rood is the founder of Next Step Test Preparation and a graduate of Michigan State University. He has an AM in Political Theory from the University of Chicago.

  • Luke Freedman is a student at Carleton College, pursuing a double major in Philosophy and Political Science.


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