10 WEDNESDAY, JANUARY 28, 2004 POINT/CQUNTERPOINT TOO YOUNG TO DIE? The U.S. Supreme Court should ban capital punishment for those who commit crimes as minors. p--jhe words “with liberty and justice for all” com- I plete our pledge of allegiance. Everyday mil- JL lions of children all over the country stand up and entrust their lives to a country that promises to protect all people. In 1989, the Supreme Court ruled that individu als who commit a crime under the age of 18 may be sentenced to the death penalty. Juries were placed with the responsibility of deciding the fate of those individuals who lack the mental and emotional capacity to understand the overall consequences of an act such as murder. As the most heinous crime in the nation, murder grabs the lives of innocent victims across the coun try daily. Taking the life of another human being is dis gusting, but executing minors who do not have the ability to rationalize their actions is just as repulsive an action. The Supreme Court declared in May 2003 that mentally handicapped individuals could no longer be given the death penalty on the basis that they were unable to understand fully the lasting effects of murder. Ultimately, the court protected their lack of understanding and inability to comprehend fully the lasting effects of such a crime. Recently, the Supreme Court has realized finally that perhaps child-offenders need to be taken into consideration under these terms as well. Amnesty International states that the United States is one of the last countries not to protect the rights of individuals committing a crime under the , age of 18. It is ironic that a country promising liberty and justice for all has been violating the civil liberties of minors for hundreds of year. Sentencing a child-offender to be executed is sim ply not justice. Given the current bias of the court system, there is no way that a jury should determine the fate of individuals who do not understand the severity of their actions. In all honesty, conviction based on race, class and caste has become a major part of our judicial sys tem. It is unfair to subject our youth to the social con structs set in place by a society that continues to exhibit racist and elitist views. Along with the social implications associated with the death penalty, the possibility of innocence continues to linger in the air. The execution of criminals whose crimes were committed when they were minors completely dis regards the constitutional ban on cruel and unusu al punishment. People who do not have at their dis posal rational thought and coherence should not be subjected to a system that is inconsistent apd unre liable. While the occurrence of sentencing minors to death is rare, the duty of the U.S. government lies in protecting every single life within the walls of this country. One life taken is one too many. The Supreme Court already has agreed that indi viduals who lack rational thought must be protect ed by the constitution. Child-offenders must be included in this cate gory. Minors undergo a completely different judicial system than adults for a reason. If the court system can recognize that child offenders do not need to undergo the same process as adults, then there must be gn alternative to sen tencing a minor who commits murder. Our children believe that the leaders of this coun try will protect them at any time under any circum stance. While death and murder are sensitive subjects, we should never turn our backs on the youth that make this country glow. The United States made a promise to its youth. Now is the time to keep it. EDITOR'S NOTE: The above editorials are the opinions of solely The Daily Tar Heel Editorial Board, and were reached after open debate. The board consists of seven board members, the editorial page associate editor, the editorial page editor and the DTH editor. The 2003-04 DTH editor decided not to vote on the board and not to write board editorials. The DTH Editorial Board reserves the right to publish a Point/Counterpoint to express both sides of an issue in instances in which the board either cannot come to a majority decision or the decision is too close to form a definitive editorial stance. READERS* FORUM UNC administrators should admit mistakes, cancel class TO THE EDITOR: Why is the administration so stubborn when it comes to inclement weather? Despite the fact that thick ice remains on both roads around Chapel Hill and walkways around campus, students are forced to trudge through the ice and slush because classes resumed at 11 a.m. Tuesday instead of being com pletely cancelled. Whoever makes the decisions to close and re-open campus obviously has a history of poor judgment. Last year UNC remained open during a heavy ice storm that caused many students to be stranded because the buses could no longer run their routes. UNC even stayed open this fall when a hurricane blew through the area, knocking over trees, causing power outages, and shutting down Franklin Street. As I walked to campus Tuesday morning, a gigantic piece of ice slid off the roof of Hanes Hall and crashed loudly onto the sidewalk. This was alter 11 a.m., and classes were in session. What if someone was hit by that ice? Many students and faculty commute to UNC as well, and with the road conditions as they are, that is just plain unsafe. The UNC campus and this area in general are not properly equipped to deal with icy conditions, because it is unusual in North Carolina. I Heinous crimes warrant the death penalty, regardless of the youth of the accused criminal. fT'jhe United States Supreme Court announced I Jan. 25 that it would hear the case of a man JL who was sentenced to death for crimes com mitted while he was 17 years old. The case will explore the possibility that sen tencing a person to death for crimes committed as a minor falls under the Constitution’s prohibition on “cruel and unusual punishment.” With the virtues of the death penalty and the judicial system in general aside, the courts should not overturn existing law. In most states with the death penalty, 16 and 17 year-olds can be tried as adults for particularly heinous crimes. However, the state must wait until the convict is at least 18 to execute him, which is not usually a problem with all of the years of lengthy appeals that are available and, in fact, are required bylaw in cap ital cases. Arguing that 16-year-olds are not capable of understanding lull well the extent of their crimes is ridiculous. Apparently, 16-year-olds are wise and intelligent enough to drive a car and decide if they want to drop out of school. They can, in fact, understand the difference between right and wrong. Some would say that an arbitrary age, such as 16 years of age, should not be used to judge one’s eli gibility for capital punishment. But Stanford v. Kentucky, the 1989 case in which this issue was last addressed, stated that individual maturity tests were required to deliver a judgement of death. Unlike drivers license laws, in which individuals are treated differently if they are under a certain age, each defendant must be judged separately. Thus a person might be unable to vote but still be capable of it, and would remain subject to the full penalties of the laws of citizenship. Not being able to drink or vote is just a side effect of laws that do not require individual maturity tests. * Think back to when you were 16. Sure, you might not have made the best decisions all of the time, and you certainly are better equipped to go through the tough spots in life now. The fact remains, however, that you knew it is wrong to murder someone in cold blood. Keep in mind that only 22 inmates have been exe cuted for crimes committed when they were minors since the reinstatement of capital sentencing. This is a punishment reserved for the worst of the worst, killers who are monsters and cannot be allowed to continue to live. Very few juries in the past have sentenced minors to de&th. Ijsrep Lee Boyd Malvo, one of the infamous D.C.- areA snipers was not sentenced to death in his first round of trials. It takes something particularly grue some for 12 average Americans to condemn one of their fellow citizens to death. Moreover, any sentencer is required by precedent set down by the Supreme Court to consider and have access to any and all information that would possibly provide a basis for a punishment less severe than death in Penry v. Lynaugh. The courts also have ruled in Ford v. Wainwright that the term “cruel and unusual punishment” must be weighed against what would be considered cruel and unusual to the authors of the Bill of Rights. Only an overwhelming societal consensus can over rule said considerations of the founding fathers’ intentions. It was established in Coker v. Georgia that that consensus is most likely to come from leg islation and only the federal government and 15 states prohibit sentencing 16 and 17 year-olds to death. There are a slew of precedents that support the application of the death penalty for 16 and 17 year old murderers. To take a step back in our laws would fly in the face of logic and the American sense of justice. expect more from my University leaders than this foolishness. They need to follow the examples of other schools like N.C. State and Duke, both of which were com pletely closed Tuesday. However, I’m afraid it will have to take a serious car accident involving someone commuting to campus, or a person becoming injured on campus and holding the University liable before adminis trators review their policies. Why? Because they’re too con cerned with appearing superior to their peer schools (they call it “aca demic excellence”) to consider the safety of their employees, their fac ulty and their students. Matt Arnold Senior Business Chancellor Moeser correct to reject salary bonus TO THE EDITOR: As The Daily Tar Heel has docu mented, the University, its com munity and the people of North Carolina face difficult financial challenges these days. Many of us question the deci sions of UNC-system President Molly Broad in giving substantial bonuses amounting to more than the yearly pay of some of our employees to campus chancel lors in times like these. It is surely important to recruit Editorial Page and retain the best personnel, rec ognize merit and address inequities. Yet this allocation of scarce fimds to top administrators reflects a shocking misjudgment on priorities when library sub scriptions and classes are being cut to keep the University afloat. We should be proud of the deci sion of Chancellor James Moeser here at UNC-Chapel Hill to forego such a bonus as a matter of princi ple when faculty and staff have received no such largesse. His deci sion last fall is even more timely now, when large tuition increases are being imposed on students. I hope that others will join me in commending him, particularly during a week when the work of his Task Force on a Better Workplace is coming to fruition. Thanks for your commitment, Mr. Chancellor. Judith Wegner Chairwoman Faculty Council Independent Weekly column rife with inaccuracies TO THE EDITOR: No doubt some of you have seen the article, “Digging in their Heels,” in the Independent that hit the stands on Jan. 22. At least one of you was quoted as an anonymous source for this col umn, and as students in Jonathan Howes’ section last semester, we feel ON THE DAY’S NEWS “An election is coming. Universal peace is declared, and the foxes have a sincere interest in prolonging the lives of the poultry.” GEORGE ELIOT, writer EDITORIAL CARTOON By Andrew Stevens, crazyaj@email.unc.edu N'C, STAT£ HZAP COACH H££3 scnp&k neus stazl ccako 3vuu£> Hot>&e. ppemee eve me e/e> oumb CANDIDATE PLATFORMS Sense of community key for GPSF raduate and professional I —students often lack a sense of community at the University level. To build this sense of belonging to a community, the Graduate and Professional Student Federation will work with the graduate school to bolster the current orientation offerings and improve alumni con nections. Furthermore, two major issues for the GPSF population are the University’s recognition of the GPSF and communication from the side of the organization. Plans to ameliorate these issues include: ■ A Meet-and-Greet Session between the SBP Executive Committee, Cabinet and the GPSF “counterparts.” ■ Outreach by the GPSF to the Deans and student govern ments of the professional schools ■ Town relations —of particu lar importance to the GPSF popu lation since most live off campus. RHA hopeful to seek resident input I will have the Residence Hall Association work with Student Government, Student Congress, and campus depart ments and organizations to tackle important issues. We will address the issues by listening to what residents have to say so that we are working on the “right things.” Doing this will make RHA stronger and give students a larger voice in what happens at UNC. ■ Have RHA represented on the student government Safety and Security Committee to promote a safer on-campus community as well as having University Police meet regularly with the committee. ■ Promote safety in residence halls through more community policing efforts with the Department of Public Safety. ■ Provide a substitute for it our duty to set the record straight. Indy Weekly’s column was slop py. The first half was simply a rehashing of other journalists’ work. But the part of the column dealing with Carolina’s American Studies 94 course showed a complete failing of journalistic principle. Not only was the article a gross misrepresen tation of “The Role of the University in American Life,” it was written on a tip from one student who refused to go on record, describing confi dential conversation, obviously recalled after-the-fact, ripped out of context, and not corroborated by any other person in the room. To the two of us, the only thing that the Independent reports in a column like this is its own anti- University bias. Rachel Willis, the lead professor for the course, taught the class mindful of the quote from former University President Franklin Porter Graham’s tombstone, telling us, “He trusted the students, and they gave him their best.” Our professors in AMST 94 trusted us, but at least one person violated that trust. The purpose of the course was the acquisition of knowledge, not the political indoc trination or manipulation of stu dent leaders. All the class discussions in both lecture sessions and recitations were student-initiated and domi nated, promoting informed dis course and the analysis of a slew of issues relating to Carolina. Tuition Though the UNC Board of Triisteeshas made their rul ing, the tuition conversation is far from over. The GPSF must Jen Bushman continue to advocate strongly for graduate and professional students. Teaching Assistants ■ Workload discrepancies ■ Honor Code Training ■ Parking and Transportation Services and resources ■ Career Development Conference With the Career Development Office and the Graduate School, we will organize a conference designed to give closed comput er labs through exploring the use of printing stations and cyber lounges. ■ Play an active role in the selection process for the new Vice Colin Scott Chancellor for Student Affairs. ■ Expand committees to allow students to have more input. ■ Accommodate residents off set by the pending policy proposal on smoking in the residence halls. ■ Inform residents of the impacts of construction through e mails with maps and timetables. ■ Form a committee to create programs that promote diversity and on-going dialogue. ■ Capitalize on what we’ve Jonathan Howes is an excellent asset to the University community, and he continues to act as an invaluable resource to his students. Surely, the Independent can do a better job reporting on an issue as •big as Carolina North. And surely, the Independent can find a better source for its columns than a stu dent motivated by some sort of agenda. And if the point of this arti cle was to reveal how the University was manipulating its student lead ers, then clearly, the Independent can do better than be manipulated by those who would wish us ill. i Matthew Compton Junior History Ashley Castevens Junior Public Policy The length rule was waived. TO SUBMIT A LETTER: The Daily Tar Heel welcomes reader comments. Letters to the editor should be no longer than 300 words and must be typed, double-spaced, dated and signed by no more than two people. Students should include their year, major and phone number. Faculty and staff should include their title, department and phone num ber. The DTH reserves the right to edit letters for space, clarity and vulgarity. Publication is not guaranteed. Bring let ters to the DTH office at Suite 104, Carolina Union, mail them to P.O. Box 3257, Chapel Hill, NC 27515 or e-mail them to editdeskOunc.edu. jp Saily (Bar Hrri graduate and professional stu dents the experience needed to succeed and network at “real-life” professional conferences. ■ Carolina Athletic Association Ticket Policies The GPSF will ensure that ticket poli cies more fairly include graduate and professional students. Judicial improvements ■ Collaboration between sepa rate systems ■ Stable funding for opera tional expenses International students ■ Investigate the current sys tem for assessing the readiness of international teaching assistants. ■ Promotion of international student social interaction with other international students as well as other members of the University. already learned to continue water conservation and apply it to elec tricity and promoting recycling. ■ Continue RHA!s commit ment to the community through volunteering and donations. ■ Increase enhancements in residence halls by streamlining current budget procedure. ■ Continue to have a repre sentative from RHA on the Student Advisory Committee to the Chancellor. ■ Make RHA visible and accessible to residents through residence hall forums and better utilization of the Web site. ■ Increase RHA membership through drives at the beginning at each semester. ■ Reduce turnover at the local level of RHA and make the organi zation stronger through better administration and training. 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