NCJ Number
206993
Date Published
January 2004
Length
4 pages
Annotation
This paper presents an overview of the legal changes that have occurred relative to the framework for assessing eighth amendment (prohibition against cruel and unusual punishment) claims that the U.S. Supreme Court established in Atkins v. Virginia (2002), which held that the execution of a mentally retarded person is unconstitutional.
Abstract
Eighth amendment jurisprudence has focused on the evolving standards of decency in American society that can be measured by objective factors to the maximum extent possible. These objective factors include, in order of priority, State legislation, sentencing decisions of juries, and the views of entities with relevant expertise. Relevant case law has also established that the Supreme Court may bring its own judgment to bear on current standards of what is cruel and unusual punishment. Based upon these factors, the "Atkins" Court found a consensus against the execution of the mentally retarded. Using this framework, a comparison of the evidence of an "evolving standard of decency" regarding the punishment of the mentally retarded and juveniles is virtually indistinguishable. Executing a juvenile has become an unusual occurrence in the United States. Of the 21 States that retain the death penalty for juvenile offenders, Texas is the only State that has actually done it with any frequency. Trends in the courts are also telling, as the reversal rate for death sentences imposed on juveniles is 85 percent. Juries are also reluctant to impose death sentences on juveniles. In 2003, juvenile death sentences declined to only 2 percent of the total number of death sentences imposed, this is part of a steady decline from a high of 5.3 percent in 1994. Medical and health groups with expertise in the developmental stages toward maturity constitute a strong constituency against the death penalty for juveniles. Further, a May 2002 Gallup poll found that 69 percent of Americans oppose executing juveniles, a level of opposition that has remained constant for 70 years. Also, as measured by international standards of decency, there is no doubt that the execution of juveniles constitutes cruel and unusual punishment. 31 notes