U.
S.
Department of Justice
Office of Justice Programs
Office of Juvenile Justice and Delinquency Prevention
Coordinating Councilon Juvenile Justice and Delinquency Prevention
A primary purpose of the juvenile justice system is to hold juvenile
offenders accountable for delinquent acts while providing treatment,
rehabilitative services, and programs designed to prevent future involvement in law-violating behavior.
Established in 1899 in Chicago, IL, in
response to the harsh treatment children received in the criminal justice
system, the first juvenile court recognized the developmental differences
between children and adults and espoused a rehabilitative ideal.
However,
since the passage of revised death penalty statutes in the last quarter of
the 20th century, and during recent periods of increased violent crime, a
shift in the juvenile justice system toward stronger policies and punishments has occurred.
This shift includes the waiver or transfer of more
juvenile offenders to criminal court than in the past.
Increasing numbers
of capital offenders, including youth who committed capital offenses prior
to their 18th birthdays, are now subject to “absolute” sentences, including
the death penalty and life in prison without parole.
Currently, 38 States authorize the death penalty; 23 of these permit the
execution of offenders who committed capital offenses prior to their
18th birthdays.
1
However, the laws governing application of the death
penalty in those 23 States vary, and the variation is not necessarily tied to
rates of juvenile crime.
Since 1973, when the death penalty was reinstated, 17 men have been executed for crimes they committed as juveniles
(see table 1), and 74 people in the United States currently sit on death
row for crimes they committed as juveniles (Streib, 2000).
2
Debate about the use of the death penalty for juveniles has grown more
intense in light of calls for the harsher punishment of serious and violent
Juveniles and the
Death Penalty
Lynn Cothern
From the
Administrator
The appropriateness of the death
penalty for juveniles is the subject of
intense debate despite Supreme
Court decisions upholding its use.
Although nearly half the States
allow those who commit capital
crimes as 16- and 17-year-olds to
be sentenced to death, some question whether this is compatible with
the principles on which our juvenile
justice system was established.
This Bulletin examines the history
of capital punishment and Supreme
Court decisions related to its use
with juveniles.
It also includes profiles of those sentenced to death for
crimes committed as juveniles and
notes the international movement
toward abolishing this sanction.
I hope that this Bulletin enhances
our understanding of the issues
involved in applying the death penalty to juveniles so that we may focus
our energy and resources on
effective and humane responses
to juvenile crime and violence.
John J.
Wilson
Acting Administrator
John J.
Wilson, Acting Administrator November 2000
[Moins]
Royaume-Uni
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