Question

Justice Kennedy refers to "scientific and social" studies. To what extent do you think such information should inform the "standards of decency that mark the progress of a maturing society" and be relevant to a determination of whether the death penalty should apply? Why?

Answer 1

Answer and Explanation:

Judge Kennedy's position on the death penalty for offenders under the age of 18 shows a pattern of decency that promotes the progress of society because it allows these young people to be judged by their mental abilities that are more fragile than the mental abilities of an adult. This positioning shows that the young man's mind is still in formation and that is why participation in a heinous crime is not enough to promote this young person to the death penalty. This is relevant because it shows that the death penalty is something extreme and should be considered taking into account the individual's biological and mental constitution.