Refining and Resolving the Blur of Gault for Juvenile Capital Offenders in Texas: A World Without the Juvenile Death Penalty

• NCJ Number: 213552
• Journal: Victims & Offenders Volume: 1 Issue: 1 Dated: 2006 Pages: 99-121
• Author(s): David Mikhail
• Date Published: 2006
• Length: 23 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This article examines Texas' policies toward juveniles who commit capital offenses and proposes modifications.

Abstract

Since the U.S. Supreme Court's decision in Roper v. Simmons (2005)--which held that the execution of juveniles violates the eighth amendment's prohibition of cruel and unusual punishment--Texas, along with other States, must use other sentencing options for juveniles convicted of crimes that would be capital offenses if committed by adults. In sentencing such juveniles, Texas has historically and currently lacked the balance between accountability and rehabilitation sought in juvenile courts. Juveniles charged with capital offenses have been regularly transferred to adult criminal courts, where they can potentially receive life imprisonment and the possibility of parole in 40 years. The vast majority of these juveniles have been represented by public defenders. Since 1995, however, determinate sentencing policies have allowed juveniles charged with capital offenses to be prosecuted in juvenile court, where a maximum sentence of 40 years in prison is allowed. Determinate sentencing provides for serving in juvenile facilities until an adult and in adult facilities thereafter to the completion of the sentence. Juvenile offenders, even if tried in juvenile court, can serve the majority of their sentence in an adult prison. There they are exposed to violent and predatory adult offenders over a long term, virtually eliminating any chance for a law-abiding life after release. Texas has no provision for mitigating the sentencing of juveniles with mental disabilities or those with psychotic or other mental disorders. For juveniles charged with capital crimes, Texas should centralize all adjudication in a criminal court; have separate imprisonment and enhanced education programs for the first 10 years of incarceration; and have a presumption for release after 10 years that favors the offender. 4 tables and 61 references