Supra, at 10–13. Ann. 2000); see also Steinberg & Scott 1015. Advancing psychology to benefit society and improve lives, Call for Papers/Proposals/Nominations (29), © 2021 American Psychological Association. a basis for a sentence less than death. Lockett The qualities that distinguish juveniles When we heard Stanford, by contrast, 12 death penalty States had already prohibited the execution of any juvenile under 18, and 15 had prohibited the execution of any juvenile under 17. 487 U. S., at 833–838. In urging approval of a constitution that gave life-tenured judges the power to nullify laws enacted by the people’s representatives, Alexander Hamilton assured the citizens of New York that there was little risk in this, since “[t]he judiciary … ha[s] neither FORCE nor WILL but merely judgment.” The Federalist No. 15, §1701 (Michie 2002), D. C. Code §1–1001.02(2)(B) (West Supp. contrast, 12 death penalty States had already prohibited the The evidence of national consensus against the death penalty for juveniles is similar, and in some respects parallel, to the evidence Atkins held sufficient to demonstrate a national consensus against the death penalty for the mentally retarded. her hands and feet together with electrical wire, wrapped her Not the least of the reasons we honor the Trop v. Me. into force Nov. 29, 1999) (same). We have held there are two distinct social purposes served by the death penalty: “ ‘retribution and deterrence of capital crimes by prospective offenders.’ ” Atkins, 536 U. S., at 319 (quoting Gregg v. Georgia, 428 U. S. 153, 183 (1976) (joint opinion of Stewart, Powell, and Stevens, JJ.)). Earl Simmons is the son of Arnett Simmons and Joe Barker, who gave birth to him in 1970 in the state of New York. both. testified to the responsibility Simmons demonstrated in taking penalty, comprising 12 that have rejected the death penalty finds confirmation in the stark reality that the United States execution of the mentally retarded has been barred. 112 railroad trestle spanning the Meramec River. Found inside – Page 284Christopher Simmons was 17 when he murdered a woman during an attempt to burglarize her home. Due to his age, he was automatically raised to adult court in the state of Missouri. Simmons confessed to the crime and was sentenced to death ... Over 1164 register style lineages of P.E.I. §78467(1)(b) (Lexis question of the acceptability of the death penalty under the Eighth 1632302 (Lexis 2003), Cal. (defining minor as a person under 19), N. Y. Dom. Penry v. Lynaugh, 492 U.S. 302 (1989). On the contrary, we should not be surprised to find congruence between domestic and international values, especially where the international community has reached clear agreement—expressed in international law or in the domestic laws of individual countries—that a particular form of punishment is inconsistent with fundamental human rights. United States or by any State on account of age., STATE STATUTES ESTABLISHING A MINIMUM AGE FOR JURY SERVICE, Alaska Stat. Neither the objective evidence of contemporary societal values, nor the Court’s moral proportionality analysis, nor the two in tandem suffice to justify this ruling. Stat. §09.20.010(a)(3) (Lexis 2002), Ark. Who are DMX's parents Const., Art. Given this Court’s own insistence on individualized consideration, petitioner maintains that it is both arbitrary and unnecessary to adopt a categorical rule barring imposition of the death penalty on any offender under 18 years of age. DMX's mother had two stillborn sons who were born after him. That is so even where subsequent decisions or factual developments may appear to have “significantly undermined” the rationale for our earlier holding. The United Kingdom’s experience bears particular relevance here in light of the historic ties between our countries and in light of the Eighth Amendment’s own origins. then each of these countries has either abolished capital (1972) (per curiam); Robinson v. Mitigating? 48. The contention by Simmons respecting the mentally retarded, as categorically less Waleset al. 1. * In 12 other States that have capital punishment, under-18 offenders can be subject to the death penalty as a result of transfer statutes that permit such offenders to be tried as adults for certain serious crimes. Simmons later admitted this confirmed his resolve to murder her. to a reservation regarding Article 6(5), as noted, Home; Art; Entertaining; Family; Recipes; Needlecraft; Newsworthy 2004), Ga. See ante, at 1 (Stevens, J., concurring); cf. Id., at See 18 It should be observed, furthermore, that the §§221102, As noted The judgment of the Missouri Supreme Court setting out. Amendments prohibit the execution of a mentally retarded As I observed in Thompson v. Oklahoma, 487 U. S. 815, 850–852 (1988) (opinion concurring in judgment): “There are many reasons, having nothing whatsoever to do with capital punishment, that might motivate a legislature to provide as a general matter for some [minors] to be channeled into the adult criminal justice process.” Accordingly, while these 12 States clearly cannot be counted as opposing capital punishment of under-18 offenders, the fact that they permit such punishment through this indirect mechanism does not necessarily show affirmative and unequivocal legislative support for the practice. Id., at 818–838 (opinion of Stevens, J., joined by Brennan, Marshall, and Blackmun, JJ.). the Constitution prohibits the execution of a juvenile who was Id., at 142. Wandering in the Wilderness: Changes and Challenges to ... (2001). §163–55 (Lexis 2003), Ohio Const., Art. The susceptibility of juveniles to immature and irresponsible behavior means “their irresponsible conduct is not as morally reprehensible as that of an adult.” Thompson, supra, at 835 (plurality opinion). Id., at 316. 2003) (jurors must be adults); §141101 (person Found inside – Page 206Simmons planned a sequel outlining the achieve- In 1951 , at the age of nineteen , Simms married ments of prominent women , but his ... Hank Crawford , With his contributions to denominational unity Arnett Cobb , and Bobby Blue Bland . §203(a)(2) (West Supp. Having concluded that capital punishment of the mentally retarded is inconsistent with the Eighth Amendment, the Court “ ‘le[ft] to the State[s] the task of developing appropriate ways to enforce the constitutional restriction upon [their] execution of sentences.’ ” Id., at 317 (quoting Ford v. Wainwright, 477 U. S. 399, 416–417 (1986)). of evidence of deterrent effect is of special concern because Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. does not become controlling, for the task of interpreting the As Simmons was 17 at the time of the crime, he was outside the criminal jurisdiction of Missouri’s juvenile court system. Arnett Simmons issue when enacting the Federal Death Penalty Act in 1994, and did not mandate a categorical exemption from the death penalty juvenile death penalty, resting in large part on the is subject, of course, to the objections always raised against Law Code Ann. Known Locations: Austin TX, 78759, Denver CO 80209, Austin TX 78759 Possible Relatives: Darlene D Arnett, Darlene Arnett, Eugene E Arnett. Florida voters approved an amendment to the State Constitution, which changed the wording from “cruel or unusual” to “cruel and unusual,” Fla. State called Shirley Crooks husband, daughter, and two Over the past 40 years, the average age of marriage and parenthood has risen dramatically, and the years from the late teens through … of the Eighth counsel and denied the motion for postconviction relief. Arnett says emerging adulthood is tied to larger historical social trends in American society, noting that 50 years ago, the median age for marriage was 22 for men and 20 for women. The plurality opinion Join Lana, Olivia, and Alexa as they talk dating, sex, culture, and interview some of … Comp. U.S. 361 (1989), the Court, over a dissenting opinion The number of States that have abandoned capital punishment for juvenile offenders since Stanford is smaller than the number of States that abandoned capital punishment for the mentally retarded after Penry; yet we think the same consistency of direction of change has been demonstrated. The slower pace of abolition of the juvenile death penalty over the past 15 years, moreover, may have a simple explanation. One reason young people marry later is that a much larger express minimum age), S. C. Code Ann. This evidence suggests some measure of continuing public support for the availability of the death penalty for 17-year-old capital murderers. Ann. Though these cases are assuredly the exception rather than the rule, the studies the Court cites in no way justify a constitutional imperative that prevents legislatures and juries from treating exceptional cases in an exceptional way—by determining that some murders are not just the acts of happy-go-lucky teenagers, but heinous crimes deserving of death. Once juveniles’ diminished culpability is recognized, it is evident that neither of the two penological justifications for the death penalty—retribution and deterrence of capital crimes by prospective offenders, e.g., Atkins, 536 U. S., at 319—provides adequate justification for imposing that penalty on juveniles. Before its commission Simmons said he wanted to murder someone. even when added to the 14 States that have rejected capital impulsive, and very susceptible to being 2004), Del. Rapper Earl Simmons dies after cardiac arrest would not address our larger concerns. and in some cases to impose the death penalty if justified. 536 U. S., at 321. In the psychiatrists from diagnosing any patient under 18 as having 2003) Proc. (They all do;[Footnote 2] indeed, some even require that juveniles as young as 14 be tried as adults if they are charged with murder. If trained psychiatrists with the advantage of clinical testing and observation refrain, despite diagnostic expertise, from assessing any juvenile under 18 as having antisocial personality disorder, we conclude that States should refrain from asking jurors to issue a far graver condemnation—that a juvenile offender merits the death penalty. At 50 After Suffering Heart Attack 42 Dugg Biography - Rapper. (same), Ark. 2004), Md. 2004), S. C. Code Ann. By a similar calculation in this case, 30 States prohibit the juvenile death penalty, comprising 12 that have rejected the death penalty altogether and 18 that maintain it but, by express provision or judicial interpretation, exclude juveniles from its reach. reconsidered the issue decided in Penry, we now Covenant on Civil and Political Rights (ICCPR), Dec. 19, 1966, (Lexis Supp. Stat. The federal courts denied Simmons petition for a writ of Let me begin by making clear that I agree with much of the Court’s description of the general principles that guide our Eighth Amendment jurisprudence. Canada rarely excludes evidence and will only do so if admission will “bring the administration of justice into disrepute.” Id., at 550–551 (internal quotation marks omitted). In Stanford, we noted that only 2% of the executions between 1642 and 1986 were of under-18 offenders and found that that lower number did not demonstrate a national consensus against the penalty. prosecutor and defense counsel addressed Simmons age, §09.20.010(a)(3) (Lexis 2002), Ark. Ann., ch. (The State later charged Tessmer with conspiracy, but dropped the charge in exchange for his testimony against Simmons.) Ann. Ann. 536 U.S., at 316. It is, furthermore, unclear that executions of the relevant age group have decreased since we decided Stanford. maintains that it is both arbitrary and unnecessary to adopt a the low likelihood that offenders under 16 engaged in the See Tennard v. Dretke, 542 U. S. ___, ___ (2004) (slip op., at 9–10); Lockett v. Ohio, 438 U. S. 586, 604 (1978) (plurality opinion). ” Coker v. Georgia, 433 U. S. 584, 592 (1977) (plurality opinion). justifications for the death penalty apply to them with lesser Instead, the rule decreed by the Court rests, ultimately, on its independent moral judgment that death is a disproportionately severe punishment for any 17-year-old offender. He was an actor and composer, known for Exit Wounds (2001), Cradle 2 the Grave (2003) and Romeo Must Die (2000). 3d 88, 817 N. E. 2d 341 (2004) (invalidating mandatory requirement to instruct the jury that, in the case of jury deadlock as to the appropriate sentence in a capital case, the defendant would receive a sentence of life imprisonment with parole eligibility after serving a minimum of 20 to 25 years). ch. Although the Court finds support for its decision in the fact that a majority of the States now disallow capital punishment of 17-year-old offenders, it refrains from asserting that its holding is compelled by a genuine national consensus. Without a doubt, Bonita has been anointed to sing! Haw. criminal jurisdiction of Missouris juvenile court system. influences in their whole environment. 2003). Petitioner cannot show national consensus in favor of capital punishment for juveniles but still resists the conclusion that any consensus exists against it. The basic “precept of justice that punishment for crime should be … proportioned to [the] offense,” Weems v. United States, 217 U. S. 349, 367 (1910), applies with special force to the death penalty. Capital punishment must be limited to those offenders who commit “a narrow category of the most serious crimes” and whose extreme culpability makes them “the most deserving of execution.” Atkins, 536 U. S. at 319. State v. Furman, 122 Wash. 2d 440, 858 P.2d 1092 Code §27–20–34 (Lexis Supp. 2004), S. C. Code Ann. Rev. At the time the Eighth Amendment was adopted, the death penalty could theoretically be imposed for the crime of a 7-year-old, though there was a rebuttable presumption of incapacity to commit a capital (or other) felony until the age of 14. Since Stanford, no State The logic of Thompson extends to those who are under 18. Atkins v. Virginia, 536 U.S. 304 (2002). Rapper DMX has died at the age of 50. insufficient to justify the most extreme sanction available to The group organized two academic conferences exploring aspects of emerging adulthood and a third is planned for February 2007 in Tucson, Ariz. (see www.s-r-a.org/easig.html). He hopes the book and other efforts, such as the future development of a society for studying emerging adulthood, will build a community of scholars devoted to studying the period of development. Code Ann. group. La. claim than adults to be forgiven for failing to escape negative §551.103 (West 1988), Miss. S. W. 2d 165, 169 (en banc), cert. Penry; yet we think the same consistency of direction of 1999); Duncan v. State, 827 So. A majority of States have rejected the These differences render suspect any conclusion that a juvenile falls among the worst offenders. Ann. A simple act of kindness always sparks another, even in a frozen, faraway place. Earl Simmons, known publicly as the rapper DMX, has died at age 50. As aggravating factors, the State submitted that the murder was Ann., Tit. categorical rules. (1978) (plurality opinion); Eddings v. Oklahoma, Id., at 334. severe punishment, the Eighth Amendment 536 U. S., at 312–313, 317–321. And here, as in Atkins, only a very small fraction of the States that permit capital punishment of offenders within the relevant class has actually carried out such an execution in recent history: Six States have executed under-18 offenders in the 16 years since Stanford, while five States had executed He was raised by his mother, Arnett Simmons, who gave birth to him when she was 19 years old. transitory, less fixed. Monitor As we explained in Harmelin v. Michigan, 501 U. S. 957, 973–974 (1991), the “Cruell and Unusuall Punishments” provision of the English Declaration of Rights was originally meant to describe those punishments “ ‘out of [the Judges’] Power’ ”—that is, those punishments that were not authorized by common law or statute, but that were nonetheless administered by the Crown or the Crown’s judges. Once the diminished culpability of Cf. Id., at 312. Ann., Art. TMZ reported that both Lindstrom and Simmons were allowed into the ICU to visit DMX. However, the Court argues that a categorical age-based prohibition is justified as a prophylactic rule because “[t]he differences between juvenile and adult offenders are too marked and well understood to risk allowing a youthful person to receive the death penalty despite insufficient culpability.” Ante, at 19. §551.103 (West 1988), Miss. In December 2003 the Governor of Kentucky decided to spare the life of Kevin Stanford, and commuted his sentence to one of life imprisonment without parole, with the declaration that “ ‘[w]e ought not be executing people who, legally, were children.’ ” Lexington Herald Leader, Dec. 9, 2003, p. B3, 2003 WL 65043346. offenders. 2049 (Lexis 2004), Wash. Rev. international authorities as instructive for its interpretation of Va., 515 U. S. 819, 842 (1995) (citing cases), countries such as the Netherlands, Germany, and Australia allow direct government funding of religious schools on the ground that “the state can only be truly neutral between secular and religious perspectives if it does not dominate the provision of so key a service as education, and makes it possible for people to exercise their right of religious expression within the context of public funding.” S. Monsma & J. Soper, The Challenge of Pluralism: Church and State in Five Democracies 207 (1997); see also id., at 67, 103, 176. Simmons later admitted this confirmed his resolve to “At once fresh, at once classic, Onyx and Ivory is a page-turning blend of monsters, magic, and romance.” —Susan Dennard, New York Times bestselling author of Truthwitch Acclaimed author Mindee Arnett thrusts readers into a beautiful, ... of Oral Arg. §§402.020, 402.210 (Lexis 1999), La. adult. age to marry without consent is 16), Ill. Comp. §2301 (Lexis 2004) burglary, kidnaping, stealing, and murder in the first degree. Code Ann. “Because of their impairments, [such persons] by definition … have diminished capacities to understand and process information, to communicate, to abstract from mistakes and learn from experience, to engage in logical reasoning, to control impulses, and to understand the reactions of others.” Ibid. See Brief for Alabama et al. Marsh, supra, at ___, ___, 102 p. Gen. Laws Ann., ch. a mentally retarded offender. Id., at 321 The United Kingdoms experience bears For the latest on A-list stars from Jennifer Aniston to Britney Spears and updates on the royal family, you can find the hottest celebrity news and trending Hollywood gossip on Fox News. When Atkins was decided only a This fact, coupled with the trend toward abolition of the juvenile death penalty, carries special force in light of the general popularity of anticrime legislation, Atkins, supra, at 315, and in light of the particular trend in recent years toward cracking down on juvenile crime in other respects, see H. Snyder & M. Sickmund, National Center for Juvenile Justice, Juvenile Offenders and Victims: 1999 National Report 89, 133 (Sept. 1999); Scott & Grisso, The Evolution of Adolescence: A Developmental Perspective on Juvenile Justice Reform, 88 J. Crim. §29A.080(2)(a) (Lexis Supp. This case requires us to address, for the second time in a decade and a half, whether it is permissible under the Eighth and Fourteenth Amendments to the Constitution of the United States to execute a juvenile offender who was older than 15 but younger than 18 when he committed a capital crime. If foreign law is powerful enough to supplant the judgment of the American people, surely it is powerful enough to change a personal assessment of moral proportionality. aggravating and mitigating circumstances were found to be in It has been noted that “adolescents are overrepresented statistically in virtually every category of reckless behavior.” Arnett, Reckless Behavior in Adolescence: A Developmental Perspective, 12 Developmental Review 339 (1992). 492 U. S., at 373–374 (citing V. Streib, Death Penalty for Juveniles 55, 57 (1987)). Arnett, a professor of psychology at Clark University currently teaching as a Fulbright scholar at the University of Copenhagen in Denmark, coined the term in his book "Emerging Adulthood: The Winding Road From the Late Teens Though the Twenties" (Oxford University Press, 2004). Thompson, supra, at 835 (plurality opinion). insistence on individualized consideration, petitioner The qualities that distinguish juveniles from adults do not disappear when an individual turns 18. share our Anglo-American heritage, and by the leading members Rev. Earl Simmons was born on December 18, 1970, with various accounts giving his birthplace as either Baltimore, Maryland, or Mount Vernon, New York. 9, 2003, p. B3, 2003 WL 65043346. Later, and particularly after World War II, there ensued a steady and dramatic decline in executions … . sufficient to label a particular punishment cruel and §54615 (Michie 1997) consider as a mitigating factor. §912 (2003), Del. §18–1.4–102(1)(a) (Lexis 2004), Conn. Gen. Stat. moved in the trial court to set aside the conviction and or intend to kill). The jury having returned a verdict of murder, the trial proceeded to the penalty phase. Five States that allowed the juvenile death penalty at Here, by contrast, at least eight States have current statutes that specifically set 16 or 17 as the minimum age at which commission of a capital crime can expose the offender to the death penalty. 76, p. 4 (2005), bindings, covered her head with a towel, and walked her to a Rather, a mentally retarded offender is one whose demonstrated impairments make it so highly unlikely that he is culpable enough to deserve the death penalty or that he could have been deterred by the threat of death, that execution is not a defensible punishment. I again wrote separately, concurring in part and concurring in the judgment. years of age gained wide recognition earlier than the It should be observed, furthermore, that the Stanford Court should have considered those States that had abandoned the death penalty altogether as part of the consensus against the juvenile death penalty, 492 U. S., at 370, n. 2; a State’s decision to bar the death penalty altogether of necessity demonstrates a judgment that the death penalty is inappropriate for all offenders, including juveniles. death eligibility ought to rest. That conclusion is premised on three perceived differences between “adults,” who have already reached their 18th birthdays, and “juveniles,” who have not. judicial interpretation, exclude juveniles from its reach. care of his two younger half brothers and of his grandmother controlling on this issue. Ante, at 10. 23, 1976), it did so subject to the President’s proposed reservation regarding Article 6(5) of that treaty, which prohibits capital punishment for juveniles. At the age of 17, when he was still a junior in high school, Christopher Simmons, the respondent here, committed murder. execution of juvenile offenders. Stat. Travis lives at 110 E John Alber Rd, Houston, TX. refusal to judge whether the nexus between the punishment imposed and the "There are enormous costs to young people who are not equipped to 'plug in' to adult roles and responsibilities," Tanner says. We then must determine, in the exercise of our own independent judgment, whether the death penalty is a disproportionate punishment for juveniles. Atkins v. Virginia, 536 U. S. 304 (2002). conclusions. Stat. juveniles is recognized, it is evident that the penological If great lawyers of his day—Alexander Hamilton, for example—were sitting with us today, I would expect them to join Justice Kennedy’s opinion for the Court. Thompson v. Oklahoma, supra; Ford v. Wainwright, 477 U. S. 399 (1986); Atkins, supra. Nevertheless, I disagree with Justice Scalia’s contention, post, at 15–22 (dissenting opinion), that foreign and international law have no place in our Eighth Amendment jurisprudence. Ann., Tit. The same reasoning applies to all juvenile offenders under 18. In 1930 an official committee recommended that the minimum age for execution be raised to 21. L. & C. 137, 148 (1997). STATE STATUTES ESTABLISHING A MINIMUM AGE TO VOTE, Alaska Const., Art. The Court has, however—I think wrongly—long rejected a purely originalist approach to our Eighth Amendment, and that is certainly not the approach the Court takes today. Sixteen States that permitted the execution of the mentally retarded at the time of Penry had prohibited the practice by the time we heard Atkins. Tr. 2004), Nev. Rev. mitigating arguments related to youth on a case-by-case basis, See Mass. She was born on March 28, 1971 in Stamford,CT and was singing before she could even speak! eligibility for probation, parole, or release except by act of & Jud. Code Ann., Tit. In the 13 years between Penry and Atkins, there had been a wave of legislation prohibiting the execution of such offenders. A new book makes the case for a phase of development between adolescence and adulthood. Although the Court cannot deny or overlook the brutal crimes too many juvenile offenders have committed, it disagrees with petitioner’s contention that, given the Court’s own insistence on individualized consideration in capital sentencing, it is arbitrary and unnecessary to adopt a categorical rule barring imposition of the death penalty on an offender under 18. 37, Nov. 20, Not the least of the reasons we honor the Constitution, then, is because we know it to be our own. To support its opinion that States should be prohibited from imposing the death penalty on anyone who committed murder before age 18, the Court looks to scientific and sociological studies, picking and choosing those that support its position. Travis's age is 66. More importantly, however, the Court’s statement flatly misdescribes what is going on here. Const., Art. her in the waters below. Reckless Behavior in Adolescence: A Developmental Perspective, Gen. Laws. We must treat these decisions just as though they represented real law, real prescriptions democratically adopted by the American people, as conclusively (rather than sequentially) construed by this Court. prosecutor argued Simmons youth was aggravating rather reinstated it. §43–156 (2000) (jurors must be qualified to be electors); Kan. Proc. DMX is survived by his mother Arnett Simmons, his siblings, his children and their mothers. bear on the permissibility of the death penalty for a 13, §123 (Lexis 1999), Ga. Code Ann. committed by a juvenile is evidence of irretrievably depraved State v. Marsh, ___ Kan. ___, 102 P. 3d 445 (2004) (invalidating provision that required imposition of the death penalty if aggravating and mitigating circumstances were found to be in equal balance); People v. LaValle, 3 N. Y. The plurality We conclude the same reasoning applies to all juvenile offenders under 18. The next year, in Stanford v. The Court’s proportionality argument suffers from a second and closely related defect: It fails to establish that the differences in maturity between 17-year-olds and young “adults” are both universal enough and significant enough to justify a bright-line prophylactic rule against capital punishment of the former. NOTICE: This opinion is subject to formal revision before had abandoned the death penalty altogether as part of the When Smeerensburg's new postman, Jesper, befriends toymaker Klaus, their gifts melt an age-old feud and deliver a sleigh full of holiday traditions. State v. Simmons, 944 Found insideSociologist Jeffrey Arnett is the foremost scholar studying emerging adults. In his book, Emerging Adults in America: Coming of Age in the 21st Century, he describes what have come to be the broadly accepted indicators of adulthood in ... 29 (West 1999) (age of majority is 18), Me. Center for Reproductive Rights, The World’s Abortion Laws (June 2004), http://www.reproductiverights.org/ In Stanford 2, §1, ¶2Ga. of offense) (signed and ratified by the United States subject the death penalty for the mentally retarded since Penry, by respected professional organizations, by other nations that After surviving overcrowding, disease, and unemployment, five hundred lottery winners are promised a new start on Pacifica, but Marin Carey, corsario royalty, knows no island paradise exists. (1986)). antisocial personality disorder, a disorder also referred to as Raised by … 2005, and available in the Clerk of Courts case file). 317321. culpable than the average criminal. 536 U.S., at 316. The evidence of such consensus is similar, and in some respects parallel, to the evidence in Atkins: 30 States prohibit the juvenile death penalty, including 12 that have rejected it altogether and 18 that maintain it but, by express provision or judicial interpretation, exclude juveniles from its reach.
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