Because modern societies have effective means for preventing crime without execution, the Catechism declares, "the cases in which execution of the offender is an absolute necessity 'are very rare, if practically nonexistent.
But the court barred the execution of juvenile offenders in 2005 by a vote of 5 to 4, saying that people under 18 are immature, irresponsible, susceptible to peer pressure and often capable of change.
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To win on this first point, the lawyers will try to show that a consensus has developed against the execution of youthful offenders.
Of the 38 states that permit the death penalty, 22 permit the execution of juvenile offenders and only 7 of those states have executed juvenile offenders since the death penalty was reinstated in the 1970's.
He attributed this to several factors, among them that more states now offer life without parole as a sentencing option while others have recently prohibited the execution of retarded offenders.
China, which executes more people than any other country in the world, formally banned the execution of juvenile offenders in 1997.
That amended draft penal code also permits execution of child offenders and other abusive practices.
Of the 38 states that have the death penalty, 15 bar the execution of such offenders.
Human rights groups are particularly concerned about execution of juvenile offenders in Iran.
