Considered is the question of whether infliction of the death penalty on an individual who was under 18 at the time of the crime constitutes cruel and unusual punishment under the 8th and 14th amendments to the U.S. Constitution. The article examines American law and practice and observes that while the execution of juveniles has occurred since colonial times, modern juries are reluctant to impose the death penalty on juveniles. If the purpose of criminal sanctions is deterrence, it must be pointed out that children and youth rarely weigh the consequences of their actions. The article suggests three possible outcomes when the U.S. Supreme Court considers the constitutionality of the death penalty as applied to juveniles. First, it could find that the minimum age for the imposition of the death penalty is age 18 at the time the crime is committed. Second, the Court could impose the death penalty on those 16 or older who commit serious capital crimes with few mitigating circumstances. Third, the court could set age 16 as the minimum age with reevaluation of the case when the defendant becomes 18. 106 footnotes.