"should Simmons, who was 17 at the time of the 1993 killing, pay the ultimate penalty? The Supreme Court is to take up that question Wednesday, when it hears arguments about whether the government can execute Simmons and others who were 16 or 17 when they kill.
The issue has broad ramifications, not only for Simmons, now 28, and for the 71 Death Row inmates who committed murder as teens, but because it again focuses the court on whether to curtail the use of the death penalty. "
""In recent years, the court has been concerned about the arbitrariness of the way the death penalty is imposed," said Steven Drizin, a law professor at Northwestern University who has urged the court to stop the execution of those who killed when they were juveniles. "It's a court that's more open-minded to the problems that exist with death penalty practice.""
"Two years ago, the court said the Constitution prohibits the execution of mentally retarded people. In that case, it said the nation had reached a consensus that such executions violate standards of decency and amount to cruel and unusual punishment, in violation of the 8th Amendment.
Lawyers in Simmons' case say the nation has reached a similar consensus on the execution of juveniles since the court last considered the issue in 1989 and refused to prohibit it.
The court had ruled the year before that states could not execute those younger than 16 when they commit murder, but concluded there was no national consensus against executing juveniles who are 16 or 17. "
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