NCJ Number
115242
Journal
University of Cincinnati Law Review Volume: 57 Issue: 1 Dated: (1988) Pages: 245-265
Date Published
1988
Length
19 pages
Annotation
This article surveys domestic and international laws and practices regarding the execution of juveniles and presents arguments from international law against the further imposition of the death penalty in the United States.
Abstract
Since the first juvenile execution in 1642, 281 juveniles have been executed; and in 1987 32 juvenile offenders are on death row. While the U.S. Supreme Court's recent decision in Thompson vs. Oklahoma held that State statutes not setting a minimum age for the imposition of the death penalty are violative of the eighth amendment, it is argued that the Court should have prohibited the death penalty for all persons under 18 if the United States is to be in compliance with international instruments and norms. It is posited that customary international laws prohibiting juvenile executions are binding on the United States through their incorporation into the Federal common law. Further, international law can be used to inform the interpretation of the eighth amendment prohibition against cruel and unusual punishment. Major treaties, national laws, and international practice and opinion all militate against the juvenile death penalty. It is hoped that U.S. policy in the future will be more in line with the Model Penal Code notion that 'civilized societies will not tolerate the spectacle of the execution of children.' 149 notes.