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Stop the juvenile death penalty-Yes on SB 182
Too young to drink, smoke or vote, too young to execute
A column
By Hazel Bonner
16 Feb 2004
You have a chance to bring some sanity into the criminal system here in South Dakota this year by convincing your legislators to vote for Senate Bill 182. The bill would exempt persons who committed crimes before the age of 18 from the death penalty in South Dakota.
South Dakota is one of only 21 states that still allow persons to be executed for crimes committed before the age of 18. 29 states, the federal government, and the District of Columbia prohibit the execution of persons who commit crimes as minors.
The United States is the only developed country that permits the execution of persons for crimes committed as juveniles. Only two developing countries, Iran and the Democratic Republic of Congo allow persons such executions
Over the past decade, Yemen, Zimbabwe, Pakistan and China officially outlawed the execution of juvenile offenders.
Yet there are over 75 juvenile offenders on death row in this country, the leader of the free world, at this time.
The United States has executed at least 366 kids who committed crimes as minors. Even though two other countries allow such executions, this country is the only country to have executed a child since 2001.
The youngest known children to be executed in the U.S. were indigenous children. James Arcene, who was ten years old at the time of his crime was hanged by the federal government in Arkansas in 1885. Hannah Ocuish who was twelve years old at the time of her crime and execution, was hanged in 1786 in Connecticut for killing a six-year-old white girl five months earlier. Hannah grew up being bounced from foster home to foster home and was believed to be developmentally disabled. (Information from the National Coalition to Abolish the Death Penalty.)
Texas, the home state of Bush II is the unabashed leader among the states. It is responsible for two-thirds of all juvenile executions and holds more than one-third of all juvenile offenders currently on death row. Other states that have executed juveniles since 1973 are Louisiana, Georgia, South Carolina, Oklahoma, Virginia, and Missouri. Indiana, Nebraska, New Jersey and Washington no longer allow the death penalty for juveniles.
The juvenile death penalty, like the adult death penalty, is primarily used against dark skinned youth. Only 33 percent of juveniles on death row are white. 47 percent are African American, 16 percent Latino, 3 percent Asian and 1 percent Native American.
A long list of professional organizations have opposed the juvenile death penalty because of the brain development of youth. They believe that if youth are too young to drink, too young to vote, too young to smoke, and to enter into contracts, they are too young to execute.
Because of proven mistakes in the system innocent persons who committed crimes before they turned 18 have been executed. It is believed that at least 3 innocent juveniles are now serving death sentences.
If South Dakota bans juvenile executions this year it could turn the tide on this issue. South Dakota is a pivotal state and needs to join civil society in taking this action.
The bill will be voted on in the full House this Friday, Saturday or Monday. To find your district lawmakers go to http://legis.state.sd.us/sessions/2004/mem.htm. Call or email your representative today! To find your legislator and send an email go to this website http://legis.state.sd.us/sessions/2004/index.cfm?FuseAction=Emaillegislator. Click on contact your legislator and then pull down the name of the person you want to mail, write your message and send it. To call your representative call 605/773-3851. You may leave a message for two representatives on each call.
Make your messages clear and short. Give your name and the town where you live. Use information from this column or simply say Support SB 182 to end the juvenile death penalty. If juveniles are too young to drink, smoke, vote or join the military, they are too young to execute.
My personal story about a 15-year-old girl tried and convicted in a death penalty trial in South Carolina is an example of the injustice that occurs in these cases. I met her while doing a legal internship at the South Carolina Death Penalty Resource Center the summer of 1994.
Michelle was convicted of murder in 1980 during a death penalty trial 3 days after her 15th birthday. She had been babysitting for a 21 year old who was with her brother and a male friend out celebrating her birthday.
The adults were giving Michelle a ride home and stopped at a convenience store in York South Carolina so the adult woman could go in the store and buy an inhaler for her asthma. Michelle accompanied her into the store. The men decided to rob the store, moved the car, got a sawed off shotgun out of the trunk and entered the store with the shotgun concealed between their legs, just as the females were leaving.
The females were surprised to see the car gone and stood by a newspaper machine waiting and talking to a woman filling the machine. They all heard the shot and the men ran out told the females to get in the car and they took off.
The murderer who owned the gun and the car pleaded guilty along with the other man. The actual murderer was convicted and got life in prison, but his sentence was overturned and he was released from prison some 10 years before Michelle. Based solely on his testimony that the females helped plan the robbery and went into the store to divert the clerk’s attention, both females were convicted.
The murderer’s accomplice also pleaded guilty and was sentence to 30 years. He was released more than 10 years before Michelle. Based on the actual murderer’s testimony the two females were convicted. Michelle got life in prison because she was too young to get the death penalty and the adult female got the death penalty. It appeared from my review of the records that neither female had an knowledge of the gun or what happened after they left the car. The newspaper delivery woman was located and recalls that she told the police that all three of the women were shocked to hear the gunshot.
Fourteen years later I was assigned to review her federal habeas and complete the paperwork. I discovered that her transfer hearing from juvenile to adult court broke every rule in the book. Seven attorneys had never raised that during her direct appeal and post conviction proceedings.
I raised that as the lead issue along with four other issues. Just before Halloween, her conviction was overturned based on the lead issue with the other preserved in case the state appealed. She had grown to adulthood in the South Carolina women’s prison.
The manner in which this trial operated is typical. If more than one person is involved the actual murder knows their guilt and often pleads guilty, getting no death penalty, or shorter sentences. There have been a number of innocent persons executed according to a report entitled In Spite of Innocence. Based solely on the word of an acknowledged killer, innocent people can be convicted.
An organization that has joined the long list of groups against the juvenile death penalty is Murder Victim’s Families for Reconciliation. They have a publication entitled “I don’t want another Kid to die” that talks about their opposition to the death penalty for juveniles. Their address is 2161 Massachusetts Ave., Cambridge MA 02140. Contact them by email at info@mvfr.org
The National Coalition Against the Death Penalty website is www.ncadp.org/legislative_action.html Go there and click on South Dakota to find out about the current campaign.
Amnesty International also has a campaign to end the death penalty and are actively involved in a week to stop child executions from February 16-22. Their website is www.amnestyusa.org/abolish.
TAKE ACTION TODAY TO END THE JUVENILE DEATH PENALTY.
Bonner is a free lance writer who writes from her home. She can be reached electronically at hbonpidge1 at hotmail.com; by phone at (605)343-4467; or by mail at PO Box 3712, Rapid City, SD 55709-3712.
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