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ABA RESOLUTION: BAN DEATH PENALTY FOR OFFENDERS AGE 21 OR YOUNGER

February 5, 2018:

The American Bar Association (ABA) House of Delegates voted overwhelmingly to adopt a resolution (Resolution 111) calling for an end to the death penalty for offenders who were 21 or younger at the time of the crime. According to a report accompanying the resolution, "there is a growing medical consensus that key areas of the brain relevant to decision-making and judgment continue to develop into the early twenties." The ABA first opposed applying the death penalty against defendants younger than age 18 in a resolution adopted in 1983. In 1988, in Thompson v. Oklahoma, the U.S. Supreme Court cited that ABA resolution as part of the evidence that "it would offend civilized standards of decency to execute a person who was less than 16 years old at the time of his or her offense." Seventeen years later, in Roper v. Simmons (2005), the Court extended the prohibition against executing juveniles to include all defendants under age 18 when the offense occurred. The ABA's report says "[t]he ABA has been – and should continue to be – a leader in supporting developmentally appropriate and evidence-based solutions for the treatment of young people in our criminal justice system, including with respect to the imposition of the death penalty." It cites recent litigation challenging the death penalty for defendants under 21, including a ruling by a Kentucky trial court that said “the death penalty would be an unconstitutionally disproportionate punishment for crimes committed by individuals under 21 years of age." The report also highlights new research on the development of the adolescent brain and legislative trends affording juvenile status or similar protections to people in their early twenties. The report concludes, "this policy proposes a practical limitation based on age that is supported by science, tracks many other areas of our civil and criminal law, and will succeed in making the administration of the death penalty fairer and more proportional to both the crimes and the offenders."

(Source: DPIC, 05/02/2018)

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IRAN: PRISONER EXECUTED IN ZANJAN
MALAYSIA: THREE SENTENCED TO DEATH FOR DRUG TRAFFICKING
SOUTH SUDAN SENTENCES REBEL LEADER'S SPOKESMAN TO DEATH
SINGAPORE: APEX COURT ACQUITS MAN ON DEATH ROW FOR DRUG POSSESSION
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SYRIA: FIRST ā€˜STONINGā€™ IN PUBLIC CARRIED OUT BY AN ARMY PLEDGES ALLEGIANCE TO THE ā€˜ISLAMIC STATEā€™ ORGANIZATION
BANGLADESH: GAZIPUR COURT SENTENCES FOUR TO DEATH OVER MURDER OF AUTORICKSHAW OWNER
EGYPT: MILITARY COURT UPHOLDS TWO DEATH SENTENCES OVER 2013 MURDER OF POLICE CONSCRIPTS
SOMALIA: ONE DEATH SENTENCE OVER OCT. 2017 MOGADISHU ATTACK
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EGYPT: THREE DEFENDANTS SENTENCED TO DEATH OVER AWSIM BLOOD-FEUD REVENGE
PAKISTAN: MURDERER GETS DEATH SENTENCE
NIGERIA: 2,277 INMATES AWAIT EXECUTION
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PAKISTAN: COURT AWARDS DEATH SENTENCE TO ACCUSED IN MURDER CASE
KUWAIT: MOTHER, BOYFRIEND SENTENCED TO DEATH FOR KILLING SPECIAL-NEEDS DAUGHTER
TEXAS (USA): JOHN DAVID BATTAGLIA EXECUTED

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