The United States of America (USA) has a long streak of killing people as punishment for criminal activity, but there have been steps in the right direction. In 2005 the Supreme Court of the United States held that the death penalty (Roper v. Simmons, 2005) for juveniles is unconstitutional for those under the age of 18 at the time of their offenses (Birnbaum et al. 2023). This event shed light on the development still needed for youths to understand the consequences of their actions. The abolition of the death penalty for juveniles begs the question why not end the penalty for others? The death penalty should be abolished for those under the age of 25, there is still a lot of brain development that takes place in early adulthood, and those who commit crimes in this age range need more support and direction to avoid more criminal activity rather than one chance resulting in a sentence to death. 

The International Covenant on Civil and Political Rights (ICCPR) agrees that every human has the right to life, and that right shall be protected by law, and no person shall be arbitrarily deprived of life (Sapsford 2005). The Constitution of the United States and this specific ICCPR agreement were used in the Case of Roper v. Simmons which ultimately ended the death penalty for those under 18. The consensus that the death penalty is unconstitutional for juveniles demonstrates the inherent knowledge that people have the right to life. The practice of the death penalty is shrinking and the majority of countries have moved forward and away from the death penalty altogether (Sato 2022). The United States has made it clear that the complete abolition of the death penalty may be too far for the public to agree, but abolishing the penalty for a certain age range will demonstrate to the public that execution does not benefit society. 

Neuroanatomical, neurophysiological, and neurochemical changes participate in the continued development of the frontal lobes throughout adolescence and into adulthood (Romine & Reynolds 2005). The brain continues to develop executive functions into early adulthood, with functional gains found in the efficiency of working memory capacity, planning, and problem-solving abilities seen between the ages of 15 and 29, but also again throughout 20 to 29 years old (Romine & Reynolds 2005). The Supreme Court was presented with information that demonstrated the impressionability of children, to strengthen the case against the death penalty, the same information can be demonstrated for young adults. Young adults look to others to help them grow and develop in adulthood the same way children look to people to understand their next move, this demonstrates how impressionable young adults can be, and indicates a need for better support and direction rather than giving them one chance to mess up and never looking back. Empirical studies have indicated that criminal activity happens most frequently in adolescent years and declines thereafter, the peak is at 16 to 17 years old, and the largest deceleration in the curve starts at 18 to 19 years old, with 69% of the drop in crime occurred from ages 15 to 25 years (Mizel & Abrams 2017). This study expressed that psychological maturation was a process in the late teens and early twenties. By only abolishing the death penalty for those under 18, the Supreme Court chooses to ignore an entire group of people ages 18-25 who still have room to grow, develop, and mature. 

When the Supreme Court of the United States held that the death penalty for those under the age of 18 would be unconstitutional because of cruel and unusual punishment they opened the door for the abolition of the death penalty altogether, but by starting small the public can get comfortable with the change before the change increases. By abolishing the death penalty for young adults the United States would not be abolishing accountability or punishment, they would abolish killing people. At this moment many states have a death penalty that encompasses a broad range of felony offenses, this does not demonstrate a conservative approach to the death penalty, this demonstrates the need to kill those who have made mistakes. The Supreme Court indicated that since the death penalty is the most severe punishment, it has to be limited to the most severe offenders who commit a category of the most serious crimes (Petoft et al 2022). By increasing the age limit to those under 25 years old the United States would protect the right to life. 

The United States has taken the first step, now is the time to take another.

References 

Birnbaum, A., Murillo, M., & Daftary-Kapur, T. (2023). Public Perceptions of Juvenile Life Without Parole and Alternative Sentences: A Michigan Based Sample. Crime & Delinquency. Sage Journals.

Mizel, M. & Abrams, L., (2017). What I’d Tell My 16-Year-Old Self: Criminal Desistance, Young Adults, and Psychosocial Maturation. International Journal of Offender Therapy and Comparative Criminology. 

Sato, M. (2022). Politics of International Advocacy Against the Death Penalty: Governments as Anti-Death Penalty Crusaders. Crime Justice Journal Vol. 11 (3). 

Sapsford, P. (2005). An End to the Death Penalty for Juvenile Offenders. Virginia Journal of International Law. 

Romine, C. & Reynolds, C., (2005. A Model of the Development of Frontal Lobe Functioning: Findings From a Meta-Analysis. Applied Neuropsychology Vol. 12 (4). 

Petoft, A., Abbasi, M., Zali, A., (2023). Toward Children’s Cognitive Development from the Perspective of Neurolaw: Implications of Roper v Simmons. Psychiatry, Psychology, and Law.