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Juvenile Death Penalty Today: Death Sentences and Executions for Juvenile Crimes, January 1, 1973 to April 30, 2004

NCJ Number
206332
Author(s)
Victor L. Streib
Date Published
2004
Length
31 pages
Annotation
This report examines the characteristics of juvenile offenders who have been sentenced to death, have been executed, or are currently under death sentences in the United States.
Abstract
Juvenile executions began in the United States in 1642, and since then at least 366 juvenile offenders have been executed. Of these juvenile executions, 22 took place between 1973 and 2004. Nearly two-thirds of recent juvenile executions have occurred in Texas; the most recent juvenile execution took place on April 3, 2003 in Oklahoma. Since 1973, 226 juvenile death sentences have been imposed. Of these, 72 are currently in force and are being litigated. The 155 resolved juvenile death sentences have ended in executions for 22 offenders, while 133 offenders have had their sentences reversed or commuted. The legal context of the juvenile death penalty is examined; the United States Supreme Court has ruled that the United States Constitution permits executions for crimes committed at ages 16 or older, but not for crimes committed at age 15 or younger. Of the 40 death penalty jurisdictions in the United States, 21 jurisdictions have chosen 18 as the minimum age, 5 jurisdictions have chosen the age of 17, and the remaining 14 jurisdictions have chosen 16 as the minimum age. In recent years, the death sentencing rate for juvenile offenders has declined dramatically and is now less than half of the annual rate of the mid 1990’s. However, the United States has refused to join every other nation in the world in prohibiting the use of the death penalty for juvenile offenders. The arguments in favor of, and opposed to, the death penalty for juvenile offenders are presented and it is noted that the basic tenets of each position have not changed during the current era. Given the declining sentencing rate, enhanced legislative activity, and pressure from the international community, the use of the death penalty for juveniles in the United States may be coming to an end in the near future. Tables, appendix