Evaluate arguments for and against the death penalty for juveniles

Overview: Prosecutors are saying they will seek the death penalty for two suspected snipers, accused of killing ten people in the Washington, D.C. area. John Allen Muhammad and John Lee Malvo will be tried separately, in two counties in the Virginia. The news comes as another shooting in Atlanta, Georgia was linked to the alleged snipers.

Have students read "Prosecutors seek death penalty in sniper case" and answer the following questions:

RESOURCES • CNN.com: Sniper suspects sent to Virginia for trial  • CNN.com: Special Report-Sniper Attacks  • Pro-death penalty.com  • Amnesty International: Website against the death penalty  • Death Penalty Info Site  • Remarks of the Attorney General Press Conference

1. Who are John Allen Muhammad and John Lee Malvo? What crimes are they alleged to have committed? Which state is second to only Texas in death penalty executions? In what state are the sniper suspects going to be tried first? In what county will Malvo be tried? In what county will Muhammad be tried? How did Attorney General John Ashcroft explain the decisions to prosecute first in the state of Virginia, and to try the defendants in separate counties? What do you think he meant when he said, "We believe that the first prosecutions should occur in those jurisdictions that provide the best law, the best facts and the best range of available penalties"? Who are the state prosecutors in each case? What challenges do you think they will face in trying these cases? Explain.

2. To what additional fatal shooting have the two sniper suspects recently been linked? How might this additional evidence factor into the case in Virginia?

3. Do you know if the death penalty is an option in your state? If so, are you aware of your state's laws on the death penalty for juveniles? How do you feel about the death penalty for juveniles? Do you think prosecutors should seek the death penalty for seventeen-year-old John Lee Malvo?

4. Inform students that currently, 38 states and the federal government have statutes authorizing the death penalty for certain forms of murder. According to deathpenaltyinfo.org, 17 of those jurisdictions have chosen the age of 18 at the time of the crime as the minimum age for eligibility for the death penalty. Another five have chosen age 17 as the minimum, while the other 17 jurisdictions, including Virginia, use age 16 as the minimum age. You may also inform students that since 1990, juvenile offenders are known to have been executed in only seven countries: Democratic Republic of Congo, Iran, Pakistan, Yemen, Nigeria, Saudi Arabia, and the United States. Organize students into small groups. Have groups research recent court cases regarding the constitutionality of executing juvenile offenders, including Thompson v. Oklahoma (1988), and Stanford v. Kentucky and Wilkins v. Missouri (1989), and other Web sites on the topic. Based on their research, student groups should present an opinion as to whether or not they believe the death penalty should be used for juveniles and, specifically, whether or not John Lee Malvo should face the death penalty if convicted. Groups should justify their conclusions.