In ruling the execution of minors unconstitutional the Supreme Court relied upon psychological data and scientific research that demonstrated that minors don't have the same capacities as adults to control impulses or understand the consequences of their actions. It is believed and still held to be true that their brains are still developing these bascic mechanismsand that is why we don't allow minors to vote or enter into contracts.
If this is to be accepted as true on the basis of fact required by the Court in rulings upon law, then for this reason and this reason alone, this argument must be applied to all actions regarding juveniles. Thus any state or country that changes law to allow minors or juveniles authority to decide for themselves is saying that the scientific research supporting against the death penalty is a fraud.
If we will not execute minors because they do not understand their actions or the reprecussions of their actions, then we cannot change laws that affect the age of consent or the right to abortion. If we do, then we are saying that minors do understand their actions and are aware of the reprecussions that can occur, and therefore they should also be subjected to the penalties required of adults.
Sorry but I am not going to have it both ways. You must decide what is the correct interpretation and then it must be applied equally by the law.
dmk Conservatism, I repeat is not an ideology. It does not breed fanatics....But if you want men who seek, reasonably and prudently, to reconcile the best in wisdom of our ancestors with the change which is essential to a vigorous civil social existence, then you will do well to turn to conservative principles -Russell Kirk- |