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 January 27, 2004
01/26/04 - 7:09 pm Video Available
New Death Penalty Debate
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Here is the story:
New Debate

The death penalty has been a controversial subject in Central Texas for years. Now a Supreme Court decision could end the death penalty for minors who commit murder.

"I work with a lot of victims families who initially did say 'I want this person killed,'" Abe Benowitz who opposes death penalty said.

But soon, many victim's families may not be able to get that satisfaction because of the offenders age.

Monday, the U.S. Supreme Court said it will consider ending the executions of people who commit murders while under the age of 18.

"I think it's an unusual circumstance because this is one of the rare times that the U.S. Supreme Court decided to reexamine a question that it conclusively decided a relatively short time ago," Adjunct UT Law Professor Rob Owen said.

The re-examination springs from a Missouri Supreme Courts decision that executing minors could be unconstitutional because it violates the cruel and unusual punishment clause.

"People that have not reached adulthood physically and physiologically are not full culpable for their acts. It doesn't mean they shouldn't be held responsible," Benowitz said.

Juan Melendez is a former death row inmate who was exhonerated in 2003. He also feels it's not right for minors to be executed.

"Everybody deserves a second chance and who better than a minor," Melendez said.

This decision could mean a lot for Texas inmates -- out of a total of 75 minors nationwide on death row.

"Texas' number represents a very large portion of the juveniles on death row -- more than a third," Owen said.

Twenty-six Texas inmates currently on death row were 17 at the time of their offense.

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