Endnotes

1 These States are Alabama, Arizona, Arkansas, Delaware, Florida, Georgia, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Nevada, New Hampshire, North Carolina, Oklahoma, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia, and Wyoming.

2 The data in this Bulletin are current as of June 2000 and, with the exception of the sidebar on the Life in Prison Without Possibility of Release pages, are taken from The Juvenile Death Penalty Today, a report that first appeared in 1984 and has been issued 57 times by Dean and Professor of Law Victor L. Streib at the Claude W. Pettit College of Law at Ohio Northern University in Ada, OH (Streib, 2000). Streib states that the reports "almost invariably under-report the number of death-sentenced juvenile offenders due to difficulty in obtaining accurate data" (p. 2). However, the juvenile execution data are complete, the annual juvenile death sentencing data are almost (95 percent) complete, and the data for juvenile offenders currently on death row are fairly (90 percent) complete. The report is available online at www.law.onu.edu/faculty/streib/juvdeath.htm.

3 Although 10 States classify all individuals age 17 or older as adults and 3 other States classify all individuals age 16 or older as adults for purposes of criminal responsibility (Snyder and Sickmund, 1999), this Bulletin refers to all individuals under age 18 at the time that a criminal offense was committed as "juveniles."

4 408 U.S. 238 (1972).

5 428 U.S. 153 (1976).

6 383 U.S. 541 (1966).

7 455 U.S. 104 (1982).

8 455 U.S. 104, 116.

9 487 U.S. 815 (1988).

10 492 U.S. 361 (1989).

11 492 U.S. 361 (the Stanford v. Kentucky and Wilkins v. Missouri cases were consolidated).

12 These diagnostic evaluations involved psychiatric, neurological, psychological, neuropsychological, educational, and electroencephalographic (EEG) examinations. Dr. Dorothy Lewis and colleagues conducted psychiatric interviews with the offenders; obtained detailed neurological histories; corroborated those histories when possible through physical examinations, record reviews, and specialized tests such as the EEG; performed neurological and mental status examinations; determined whether offenders had been physically and/or sexually abused as youth through lengthy interviews; performed neurometric quantitative EEG's; and conducted neuropsychological and educational testing using tests such as the WAIS, Bender-Gestalt test, Rorschach Test, Halstead-Reitan Battery of Neuropsychological Tests, and Woodcock-Johnson Psycho-Educational Battery.

13 For more information on inadequate legal representation, see A Broken System: Error Rates in Capital Cases 1973-1995, which states that the most common errors found in capital cases are "(1) egregiously incompetent defense lawyering (accounting for 37% of the state post-conviction reversals) and (2) prosecutorial suppression of evidence that the defendant is innocent or does not deserve the death penalty (accounting for another 16-19 percent, when all forms of law enforcement misconduct are considered" (Liebman, Fagan, and West, 2000:5).

14 See Wright v. Angelone, No. 97-32 (4th Cir. July 16, 1998).

15 535 So. 2d 362 (La. 1988).

16 615 So. 2d 1333 (La. 1993).

17 586 So. 2d 978 (Ala. Ct. Crim. Ap. 1991).

18 636 So. 2d 494 (1994).

19 540 N.E.2d 1216 (Ind. 1989).

20 754 So. 2d 1 (Fla. 1999).

21 A report issued by the American Bar Association in January 2000 details recent legislative, judicial, and executive branch activity relating to the death penalty (American Bar Association, 2000).

22 G.A. Res. 44/25, annex, 44 U.N. GAOR, Supp. No. 49, at 167, U.N. Doc. A/44/49 (1989).

23 Lipsey and Wilson (1998:338) report that in a meta-analysis of 200 studies of intervention with serious offenders, the best programs "were capable of reducing recidivism rates by as much as 40%" and that the "average" intervention reduced recidivism rates by approximately 12 percent. See also Office of Juvenile Justice and Delinquency Prevention, 1998.


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Juveniles and the Death PenaltyCoordinating Council on Juvenile Justice
and Delinquency Prevention
November 2000