Also, it is very interesting that you discuss the Court’s acknowledgment and discussion of “evolving standards of decency” amongst the states and international law in this particular area. However, I do not think that polling amongst the states is how the Supreme Court should reach its decisions - it’s duty is to uphold the Constitution, not rule in favor of popular opinion. In regards to international law, the Court has significantly increased its discussion of international judicial decisions and standards in recent years (regardless of how controversial this practice is). Our laws cannot live in a vacuum, and I support the most inclusive and exhaustive approach the Court can employ in reaching its rulings. Evaluating and balancing many voices and differing views is always better than presuming one correct.

Now looking at the ability to reason in isolation demonstrates a flawed understanding of criminal mens rea. There are many other factors that come into play beyond pure logical reasoning. Judges acknowledge this fact, and this is a big factor in producing results such as the above.

A teenager may have the ability to reason to an “adult” level, but that ability is of limited value if they don’t put that reasoning into practice habitually. The law recognises that, for a number of factors, teenagers are more likely to act recklessly than adults- and treats them sympathetically as a result. Would you like that sympathy to be withdrawn just to prove a tenuous point?

And at what age does one become adult, as far as criminal culpability or mens rea is concerned? If you’re using 18, your quoted results should surprise nobody. If you’re using 25 or 30, that’s a different matter.

This study finds 2/3rds of 11 to 13-year-olds and 4/5ths of 14-15 year olds are competent to stand trial. Eighty percent of 11 to 13-year-olds , 87 percent of 14 and 15 year olds and 93 percent of 16 and 17 year olds, the same range as adults, demonstrated mature levels of understanding.

On reasoning, the study finds 14 - 17 year olds did not differ from adults. On appreciation of consequences, 16-17 year olds and young adults did not differ. In general, the magnitude of difference btween the scores for 11-to 13-year-olds compared to adults was moderate by conventional statistical standards, yet the difference between the scores of 14-to-17-year-olds and adults was very small or did not differ.

Instead of making everyone guess, I will just come out and say I am disappointed that the Supreme Court struck down the death penalty for youth. I must also state that I oppose the death penalty on principle for all…

http://www.parent-teen.com/collegeprep/teenagebrain.html