NCJ Number
199835
Date Published
2002
Length
28 pages
Annotation
This Child Welfare League of American (CWLA) brief examines the death penalty as it is applied to juveniles; it offers current statistics regarding the capital punishment of juveniles; it presents current legislation and pertinent Supreme Court decisions, as well as international law on the death penalty for juveniles; and then it explores alternatives to the death penalty for juveniles.
Abstract
Chapter 1 presents the historical background on the use of the death penalty for juvenile offenders. The first American execution of a juvenile occurred in 1692, and since then approximately 362 juvenile offenders have been sentenced to death by 38 States and the Federal Government. Juvenile offenders have comprised 1.8 percent of the total confirmed executions in the United States since 1608. Furthermore, this chapter points out that the United States leads the world in State-sanctioned juvenile executions. Chapter 2 of the brief turns to a discussion of the current trends and research in the area of juvenile justice and the use of the death penalty for juvenile offenders. Arguments supporting and opposing juvenile executions are presented. Opponents of the death penalty for juvenile offenders point out that almost all juvenile offenders have experienced some form of child maltreatment or severe trauma during their childhood. On the other hand, proponents of the use of the death penalty for juvenile offenders claim that the rate of violent juvenile crime is higher in the United States than in any other developed nation, making the death penalty a desirable tool for controlling such crime. Chapter 2 also presents the demographic data for juvenile capital offenders, as well as State legislation pertinent to juvenile capital punishment, U.S. Supreme Court decisions, and the international law governing the use of the death penalty for juveniles. The case of Alexander Williams, who was sentenced to death in the State of Georgia for the rape and murder of a 16-year old girl, is discussed. In this case, Williams was granted clemency because of his mental illness, his age at the time of the crime, and his history of abuse. Finally, in chapter 2, alternatives to the death penalty are discussed, including promising treatment programs that focus on rehabilitation. Chapter 3 of the brief offers a summary of the main points presented throughout the brief. In conclusion, the CWLA advocates the implementation of a comprehensive system for reducing the victimization of America’s children, because in so doing, criminal offenses committed by children will also be reduced. Appendix, references