U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Eighth Amendment -- The Death Penalty for Juveniles: A State's Right or a Child's Injustice?

NCJ Number
116484
Journal
Journal of Criminal Law and Criminology Volume: 79 Issue: 3 Dated: (Fall 1988) Pages: 921-952
Author(s)
D J Ricotta
Date Published
1988
Length
32 pages
Annotation
This article examines a recent Supreme Court holding that the execution of a person who was under the age of sixteen at the time a capital offense was committed is unconstitutional.
Abstract
The facts and procedural history of the case, Thompson v. Oklahoma, are discussed in detail, with special emphasis on the conclusion that the execution of a felon who committed a capital crime when under 16 is cruel and unusual punishment as defined by the eighth amendment. The author observes that the Thompson case affirms and supports the juvenile justice system as well as principles of child and adolescent development. Execution as punishment for a juvenile who commits a capital offense prevents rehabilitation and does not protect society any better than if the accused were sentenced to life imprisonment. The article concludes that the Thompson holding is a positive development in adult and juvenile criminal justice. 204 footnotes.