May 1, 2005

May 1, 2005:

This week, the Senate voted on AB 6, the repeal of the death penalty for juveniles between 16-18 years old. The bill passed in the Assembly with only one Nay vote and passed the Senate with six Nay's. I am proud to say I was one of the Nay's.

In the rush to protect a murderer's rights under the eighth amendment to the U.S. Constitution, the U.S. Supreme Court, in a 5-4 decision, trampled two constitutional principles that, in my opinion, are of greater importance: the separation of powers doctrine and States rights as espoused in the 10th amendment. It is the role of the legislature to make the laws of the land and the role of the judiciary to enforce them; it is the right of each state to make their laws.

Testimony was given about recent research which shows that the brain doesn't fully form until the late teens and that 16-17 year olds are too immature to understand the implications of their actions. Maturity is a subjective determination as individuals mature at different rates and there is no "maturity switch" that is flipped on when someone reaches the age of 18. It has been the domain of the courts - the judges and the jurors - to determine the mental faculties of the defendants who appear before them. The decision of the Supreme Court circumvents this judicial process.

As a former ambulance attendant and a practicing emergency department physician, I have treated the victims of these heinous crimes in their last minutes and have had to tell the families, "I am sorry, but we did all we could." The fact that the perpetrator was 16 or 17 is no consolation to them.

It is for these reasons that I voted against AB 6.

Please feel free to email me if you have any questions or concerns, or would like information on any pending legislation.

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