Juvenile & Death penalty

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