NCJ Number
173877
Journal
Journal of Juvenile Law Volume: 18 (1997) Issue: Dated: Pages: 112-150
Date Published
1997
Length
29 pages
Annotation
This analysis of juvenile capital punishment concludes that it is currently justified, although it would be desirable for society to evolve to a when nobody will deserve the death penalty under any rationale.
Abstract
The history of juvenile capital punishment dates from the Eighth Amendment's adoption in 1791 and continues through the United States Supreme Court's rulings in three cases, culminating in the court's ruling that only juveniles age 16 and over are eligible for the death penalty. Juvenile capital punishment can be justified under the retribution, deterrence, and incapacitation rationales. The retribution and deterrence rationales are based on emotion. In contrast, the incapacitation rationale aims to satisfy humanity's thirst for revenge and recognizes that the one must give way to the whole in both criminal punishment and in everything humanity does. Therefore, the incapacitation rationale is timeless and will remain long after the retribution and deterrence rationales have been discarded. However, no need exists for the current line drawn at age 16; thus, it is time for the Supreme Court to erase this age line. Juvenile homicide is on the verge of spiraling out of control; juvenile capital punishment is a necessary safeguard in the effort to address this problem. It is hoped that humanity will ultimately progress to a stage where the need for revenge no longer exists and nobody will deserve the death penalty. Footnotes