Kentucky’s highest court is considering whether the state should enforce the death penalty for offenders under 21.
Three cases involving young defendants – including one accused of killing a University of Kentucky journalism student – have been on hold until the Supreme Court weighs in weighs in on a 2017 decision by Fayette County Circuit Judge Ernesto Scorsone labeling the death penalty "disproportionate" for those under 21.
Capital punishment is outlawed nationwide for offenders under 18, but Thursday justices heard arguments about whether that line should be pushed further back in Kentucky. And a fair amount of the discussion turned on brain science, and whether new evidence showing continuing brain development into people’s 20s should cause the state to rethink its limitations on capital punishment.
Attorney Tim Arnold argued, while a 19-year-old’s prefrontal cortex – a control center of the brain – is more mature than a 16-year-olds, for instance, another system is also at work.
"There is a socio-emotional system and that system is sending rewards to the brain for risky behavior. That is driving things forward," the lawyer said. "It is encouraging people to engage in riskier, sensation-seeking behaviors."
But attorney Matthew Krygiel with the state had countered earlier in the hearing that, in young adults, "reason is fully developed, congitive ability is fully developed... they know right from wrong."
Krygiel also argued that Scorsone "abused his power" when he decided that 18 to 20-year-olds should not be eligible for the death penalty.
Supporters of a new cutoff at 21 also contend the age would make more sense because of the rights and responsibilities already conferred by society at that age.
