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March 17, 2005
In step with higher
standards
Earlier this month the U.S. Supreme Court once
again narrowed the scope of capital punishment. In a 5-4 opinion,
the court held that it would be a breach of the Eighth Amendment
of the U.S. Constitution to execute criminals under the age of
18. The Eighth Amendment forbids “cruel and unusual”
punishment.
In 2002 the court ruled against executing the mentally retarded.
Those who are adjudged insane cannot be found guilty of a crime.
However, the mentally retarded can be criminally liable, but their
impaired intelligence befuddles their understanding of the moral
significance of their deeds. The court understood that there is
no deterrent effect in executing the mentally retarded, and it
is brutal for society to seek mortal vengeance for the acts of
a retarded defendant.
Similar logic applies to a prohibition of executions of the young.
Justice Kennedy wrote in the majority opinion, “the age
of 18 is the point where society draws the line for many purposes
between childhood and adulthood.” However, 19 states, mostly
in the South and the West allowed the execution of criminals under
the age of 18. Kennedy pointed out that the immaturity of youthful
offenders renders them more susceptible to external pressure.
The personality and character of the young have not been sufficiently
developed to enable them to resist the bad influences of society.
The task of the court was to establish that a moral repugnance
against the execution of children had developed in the United
States. Kennedy pointed out that since the 1989 decision upholding
executions of older juveniles, five states have eliminated execution
for those under 18.
Much of Kennedy’s rationale relied upon foreign precedents.
Since 1990 only seven countries, including China, Saudi Arabia
and Iran, have executed minors, and all have amended their laws
since then. Kennedy stated, “It is fair to say that the
United States now stands alone in a world that has turned its
face against the juvenile death penalty.”
The reliance on world opinion by the majority of the court has
offended conservatives. Justice Antonin Scalia chided the majority
in his dissenting opinion for taking “…. guidance
from the views of foreign courts and legislatures.” Chief
Justice William Rehnquist and Justice Clarence Thomas objected
to the majority opinion on the grounds that in 1791 when the Constitution
was ratified, it was acceptable to execute youths who committed
serious crimes.
The elimination of the death sentence for juveniles should be
a humanitarian issue relatively easy to approve. However, the
split 5-4 decision of the court indicates that the end of capital
punishment will not come soon.
A great opportunity
According to a recent report in the Boston Globe,
work as a Boston Police officer is a far more financially rewarding
than one might think. With over-time and private details, 19 officers
earned more than $200,000 last year and 143 officers earned more
than $160,000. These are extraordinary salaries when one considers
that the educational prerequisite for employment is only a high
school diploma.
Current base pay is $46,615 for new recruits, $72,876 for sergeants,
$84,829 for lieutenants, and $98,719 for captains. Officers must
score at the top on civil service exams to be eligible for promotion.
In fact, jobs on the police force are so desirable that applicants
must do well on the exam to have any hope of being hired.
The next exam is April 30. Call Sergeant Hill at (617) 343-5010
for more information.
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