30 years after a murder committed by three teenage boys, Alabama plans to execute one of them, Casey McWhorter, who was just three months past his 18th birthday at the time of the crime. (McWhorter’s co-defendants were 15 and 16, respectively.)
Any argument in favor of executing McWhorter is undercut by the illogical, unbending brutality of a bright-line legal rule established by the U.S. Supreme Court. In 2005, in Roper v. Simmons, the Court held the 8th and 14th Amendments prohibit the execution of defendants younger than age 18, but, not the execution of juveniles like McWhorter whom — mentally and emotionally — under any reasonable interpretation, were children at the time of their crime(s). This is because of Roper’s legal fiction that childhood rigidly ends at 18 years of age — on the nose — and not a day, or as in McWhorter’s case, 3 months, older. Describing that period in his life to a reporter recently, McWhorter said: “I had issues in my head that I didn’t know how to work out.”
Hellbound and Down 