NCJ Number
101931
Journal
Oklahoma Law Review Volume: 36 Issue: 3 Dated: (Summer 1983) Pages: 613-641
Date Published
1983
Length
29 pages
Annotation
Although the constitutional prohibition against cruel and unusual punishment does not inherently proscribe the execution of persons who commit a capital crime while under 18 years old, the United States should count itself among those civilized societies which refuse to execute children.
Abstract
Although early reforms of the American criminal justice system were intended to benefit children by mitigating the harshness of criminal sentences, the execution of children is still possible in most States. Recently, the possibility has increased as the public's majority support for capital punishment has combined with the prevalent policy of giving adult criminal sentences to juveniles who have committed violent crimes. Few State capital punishment statutes prohibit the execution of persons under age 18. Case law requires that an offender's youth be considered as a mitigating factor in capital punishment decisions, but this may be outweighed by aggravating factors. Although the U.S. Supreme Court has been close to removing any supposed constitutional barrier to the execution of children, it should specifically and carefully address this issue in the future. Given the psychological and social immaturity inherent in adolescence and the legal protections customarily accorded juveniles, capital punishment for persons under 18 years old should be deemed cruel and unusual punishment. 116 footnotes.