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29 Alaska B. Rag 1 (2005)

handle is hein.barjournals/askabar0029 and id is 1 raw text is: VOLUME 29, NO. 1 Dignitos, semper dignitas $3.00 JANUARY - MARCH, 2005 Court finds juvenile execution unconstitutional; a change from historic perspective From the International Law Section Twelve years ago, two teenaged boys in Mis- souri, 15-year old Charlie Benjamin and 17-year old Chris Simmons, committed robbery, kidnap and murder. They were both arrested and pros- ecuted. Under a 1988 US Supreme Court decision, Charlie Benjamin was too young to face the death penalty. But, Simmons, at 17, was old enough to be executed. In so deciding, the 1988 Court had canvassed the practice of other nations and found them consistent with a prohibition against the execution of those who had been 16 when com- mitting a crime. On March 1, 2005, the Supreme Court revis- ited that decision in Roper v. Simmons and upheld the Missouri Supreme Court's conclusion that the execution of anyone who is under 18 when they committed an offense must be cruel and unusual under the 81h Amendment. What has happened since 1988? Medical research on the adolescent brain shows that a juvenile's character is likely to change and that their behavior is more susceptible to peer pressure. The law's duties and privileges are based upon age and maturity. The Roper Court noted that almost every state prohibits minors from voting, Continued on page 13 FATUE -3 THSISU 2 Presidents issue edicts ........... pages 2 &3 Ken Kirk's Public Defender Diaries ............ page 7 Friedman writes a Bethel practice handbook! .................. page 8 Lots of people news ..................... page 18 ALPS' risk management pro offers his advice ..................... page 21 Don't overlook computer maintenance ........................... page 22 Sanity & the law in the 21 st Century ................ page 23 Participate in Law Day .................. page 28 Alaska Bar Association Non-Profit Organizotion RO. Box 100279 U.S. Postage Paid Anchorage, Alaska 99510 Permit No. 401 Anchorage, Alaska LINDA WILL WILLIAM S. HEIN & CO. INC 1285 MAIN ST BUFFALO NY 14209-1987 hIhht1tihitiliittiithttiitlititit lithhtItItthl,, I Read thefull reports ofthe Bar Services & Funding tommittee ontheBarwebsiteat www.alaskabar.org. J

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