"Consulting States that bar the death penalty concerning the necessity of making an exception to the penalty for offenders under 18 is rather like including old-order Amishmen in a consumer-preference poll on the electric car. Of course they don't like it, but that sheds no light whatever on the point at issue."
Huh? Talk about front-loading the conclusion.
To paraphrase, "consulting Massachusetts, New Hampshire and Connecticut on the legality of slavery is rather like including old order Amishmen in a consumer preference poll on the electric light. Of course they don't like it."
Electric lights = progress, modernity, something new and advanced. Scalia argues that executing is teenagers "progress," something modern and new that nay-sayers are just behind the curve on, rejecting for the sake of retaining the old ways of doing things.
Which is demonstrably exactly backwards. The history of the death penalty tells us that even children younger than 12 were executed in the distant past, and that people were in the not-so-distant past executed for what we now believe to be petty crimes, e.g., simple theft.
I wonder what "brilliant" ridicule Scalia would have heaped on those who decided it was unconstitutional to execute pre-teens and thieves?
Clever use of the English language but brilliant, no.
>>The killer of these children was a child himself. His name was George Junius Stinney Jr., 14 years old, the illiterate son of a local mill worker. And incredibly, in less than 90 days, George would meet death himself, tears streaming down his face, strapped to the electric chair inside the bleak walls of the Central Correctional Institution in Columbia[1]. But the public would barely notice his death. For in June 1944, the country had its eyes fixed firmly upon the beaches of Normandy, where a million American sons were locked in the desperate battles of D-Day while the fate of a world hung in the balance. These were hard times in America. The daily newspapers were filled with graphic stories of killing and destruction on a scale that can scarcely be imagined today. No one had time or compassion for a black teenage killer of little white girls. Nevertheless, history would be made at the Central Correctional Institution on June 16, 1944. For on that day, George Junius Stinney Jr., age 14 and 7 months, would become the youngest person to be legally executed in the United States during the 20th century.
The history of juvenile execution in America reads like a novel with no plot: it seems to have no sense of purpose or destination. Since the early 17th century, 356 juvenile offenders have been executed in the United States (Grossfield, p. 4). USA Today reports: “the first known execution of a juvenile on these shores was in 1642: Thomas Graungery, 16, of Plymouth Colony, Mass. was hanged for bestiality” (Edmonds, p. 11). Some executions become appalling to us when we consider the age of some of these defendants. Contrary to what is generally believed, however, capital punishment in colonial America was a controversial issue. Although it was common to hang offenders in England for crimes like burglary, robbery and theft-related offences, this was rare in America (Friedman, p. 42). Lawrence Friedman writes in Crime and Punishment in American History: “All things considered, the colonies used the death penalty pretty sparingly” (p. 42).
And it must be said that any interpretation of past executions from the 18th and 19th century has to be viewed within the time frame they occurred. For it seems unrealistic to apply today’s standards, values and beliefs to a society that existed hundreds of years ago which can have no valid comparison to today’s world from a social and legal perspective[2]. During colonial times the age of the defendants was often not considered in certain crimes. For example, in the State of New York, two young girls identified only as “Bett” age 12, a slave belonging to Phillip van Rensselear and “Dean”, age 14, a slave belonging to a Volkert Douw were executed on March 14, 1794. They were accused and convicted of starting a fire that burned down a large portion of the City of Albany on November 17, 1793 (Reynolds, pg. 384). It is difficult to identify the youngest person legally executed in American history, but it surely may be a Cherokee Indian who was hanged for murder in 1885. He was ten years old (Grossfield, p. 4). In modern times, there have been relatively few juvenile executions although 70 juvenile offenders presently sit on death row in America. In 1988 a ruling in the Supreme Court “prohibits the death penalty for juvenile offenders whose crimes were committed before they were 16” (Grossfield, p. 5). Prior to 1988, though it was not frequent, execution of children younger than 16 was permitted.
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