NCJ Number
123491
Journal
Criminal Justice Journal Volume: 11 Issue: 2 Dated: (Spring 1989) Pages: 469-487
Date Published
1989
Length
18 pages
Annotation
Two Supreme Court decisions regarding the imposition of the death penalty on juveniles are examined to determine whether there is a social consensus against such penalties. Legal precedent is discussed to illustrate evolving standards of decency.
Abstract
The author argues that there is a clear social prohibition against the imposition of the death penalty against juveniles below the age of 16. Stanford v. Kentucky and Wilkens v. Missouri concern the imposition of the death penalty on juveniles older than 16. The Supreme Court found the imposition of such a penalty as not violative of the eighth amendment due to a lack of social consensus against ever imposing such a sentence on 16 or 17 year olds. The requirements of eighth amendment determinations are discussed to illustrate the disagreement as to whether proportionality analysis is required by the courts. Statistics are provided to refute the court's lack of a finding of social consensus against the death penalty for juveniles. Finally, a call is made to the Supreme Court and the States to specify which factors must be considered to allow the death penalty as a sentence for juveniles 17 and under. 159 footnotes.