NCJ Number
116331
Journal
ABA Journal Volume: 75 Dated: (April 1989) Pages: 78-82
Date Published
1989
Length
5 pages
Annotation
In Stanford vs. Kentucky and Wilkins vs. Missouri, the U.S. Supreme Court will once again address the issue of whether States can execute individuals who committed their crimes while still juveniles without violating the cruel and unusual punishment provisions of the eighth amendment.
Abstract
Two previous attempts to decide this issue left the justices closely divided. Bare majorities of the Court reversed the death sentences of Monty Lee Eddings and William Wayne Thompson, but there was no fundamental agreement on whether the juvenile death penalty constituted cruel and unusual punishment. Arguments put forth in the briefs of these upcoming cases cite the 'pervasive consensus' that execution of juveniles offends current standards of decency and that the reluctance of juries to pass juvenile death sentences gives rise to a presumption of arbitrariness. In addition, the briefs argue against adolescents' capacity for understanding their acts and the applicability of retribution and deterrence arguments to the juvenile death penalty. While the courts previous splintered vote may appear to be a hopeful sign for Stanford and Wilkins, both were older when they committed their crimes than were Eddings and Thompson. Further, at least four justices do not appear to share the policy views put forth in the briefs. The outcome of these cases will turn on the votes of Justices O'Connor and Kennedy. 4 photographs.