Less Culpable Than The Average Criminal?

The decision today by the High Court's ending the death penalty for youth is a continuation of the Court's practice of narrowing the states' abilities to deal with the likes of Dyland Klebold, Eric Harris or Lee Boyd Malvo. Justice Anthony Kennedy seems to think that international law should be a determining factor for US law;

"It is proper that we acknowledge the overwhelming weight of international opinion against the juvenile death penalty, resting in large part on the understanding that the instability and emotional imbalance of young people may often be a factor in the crime."

Justice Antonin Scalia disputed Kennedy's reasoning,

"The Court thus proclaims itself sole arbiter of our Nation's moral standards--and in the course of discharging that awesome responsibility purports to take guidance from the views of foreign courts and legislatures. Because I do not believe that the meaning of our Eighth Amendment, any more than the meaning of other provisions of our Constitution, should be determined by the subjective views of five Members of this Court and like-minded foreigners, I dissent."

Kennedy pointed out that states' that do not allow the execution of juveniles views them "as categorically less culpable than the average criminal."

Less culpable, sure.

(updated)
If you find this subject interesting than you should read Carol's opinion.