The American Psychological Association called on the courts, Congress, and state legislatures to ban the death penalty for people younger than 21, “based on scientific research indicating that adolescent brains continue to develop well beyond age 18.”
While the U.S. Supreme Court ruled in Roper v. Simmons (2005) that it was unconstitutional to impose the death penalty on a child under the age of 18, the APA said the law should recognize that the same reasons cited in Roper for prohibiting execution for those under 18 apply to those under 21.
“There is clear evidence of prolonged development far beyond the age of 17 and into the mid-20s, so that the psychological capacity of members of the late adolescent class to exercise a mature sense of responsibility, and to resist outside pressures is still very much in process.”
And the APA noted that while there “are more than 3,000 laws and government regulations” prohibiting those under 21 from activities including buying alcohol or tobacco, becoming a foster parent, or obtaining a credit card without a co-signer, they aren’t too young to be executed.
Racism, already a major factor in capital punishment, is especially prevalent in death sentences for late adolescents, as APA also notes.
California is an example of this, according to a 2021 report by the California Committee on Revision of the Penal Code:
“While 68% of all people on death row are people of color, the percentage jumps to 77% for people who were 25 or younger at the time of their offense and to 86% for people who were 18 at the time of their offense.”
The APA’s governing council passed the resolution by a vote of 161-7 at its annual convention in Minneapolis last week. The organization reports a membership of more than 1330,000 researchers, educators, clinicians, and consultants.
