NCJ Number
108425
Journal
Cleveland State Law Review Volume: 34 Issue: 3 Dated: (1985-86) Pages: 363-399
Date Published
1986
Length
37 pages
Annotation
Based on implications from the U.S. Supreme Court's interpretation of the eighth amendment (prohibition of cruel and unusual punishment), a nationwide constitutional mandate should prohibit any State from executing anyone for a crime committed while under the age of 18.
Abstract
Although the execution of juveniles has been rare in the United States, it has not been so rare as to be ignored. The 36 U.S. capital-punishment jurisdictions are not acting uniformly with respect to juveniles. All must give weight to the offender's age as a mitigating factor, and most expressly prohibit application of capital punishment to juveniles below a specified minimum age. Although some State courts have attempted to resolve the constitutionality issue, most have left the issue to State legislatures, which are tending to amend their capital punishment statutes to prohibit the execution of juveniles. On the basis of the U.S. Supreme Court's tendency to apply especially sensitive criteria to the justice system's handling of juveniles, it can be logically assumed that the execution of juveniles constitutes cruel and unusual punishment, although the Supreme Court has not issued a direct ruling on the issue. Since age 18 is the most common age for imposing restrictions and limitations on the justice system's handling of offenders, this age should be established nationwide as the minimum age for the imposition of the death penalty. 210 footnotes.