Capital Punishment and Juvenile Offenders

Juvenile offenders should not receive capital punishment. The death penalty is too harsh for a juvenile, considering that his or her errant actions may be remedied. In addition, death is not a suitable punishment for a juvenile. Last, but not least, public opinion is highly against juvenile offenders receiving capital punishment.

On March 1, 2005, the Supreme Court abolished capital punishment for juvenile offenders, and in a stunning 5-4 ruling judged it unconstitutional to sentence anyone to death for a crime he or she committed while under 18. (The Washington Post Company, 2005, pp. 1, pgh. 1.) Considering the fact that juveniles have the capacity to remedy their actions, they should be given the chance to change their ways. "'From a moral standpoint, it would be misguided to equate the failings of a minor with those of an adult, for a greater possibility exists that a minor's character deficiencies will be reformed,' Justice Anthony M. Kennedy wrote in the opinion for the court." (The Washington Post Company, 2005, pp. 1, pgh. 5.)

"As a child psychologist, [California State Senator Leland Yee, Ph.D.,
has] firsthand experience with troubled children and understands
that they have an extraordinary capacity for rehabilitation. The
neuroscience is clear - brain maturation continues well through
adolescence and thus impulse control, planning and critical thinking
skills are not yet fully developed until adulthood."
(The California Progress Report, 2008, pp. 1, pgh. 2.)

Thus, a juvenile stands a greater chance of being offered parole or some other opportunity that is an alternative to the standard in a corrections facility. Perhaps the juvenile might be able to enter a program with job training and a sentence reduction in return for good behavior. The main point here is that the juvenile's actions can show growth and change if allowed time and space to flourish.
Further, the death penalty is not a fitting punishment for a juvenile. As Mr. Yee pointed out, the youth's brain is still in a developing stage at age 18 and below.

"Without positive interventions to redirect the youth's development,
an absence common to so many of the youth who subsequently become
involved in serious delinquent or criminal activity, these youth are
inappropriately subjected to the ultimate sanction without adequate
regard for these mitigating circumstances."
(The Child Welfare League of America, 2008, pp. 1, pgh. 12.)

Not given the appropriate chance to demonstrate his or her capability to rise above and beyond the limitations placed upon him or her due to the circumstances of a bad upbringing or abuse, a youth is faced with the serious task of having to change behavior or be disciplined for it. But is the death penalty the answer?

"In Gregg v. Georgia (1976), the U.S. Supreme Court
mandated that courts must examine mitigating circumstances
when issuing the death penalty. However, most juvenile
capital offenders are represented by appointed counsel
without the time or resources to sufficiently investigate
such mitigating factors as psychiatric history, abuse, or
mental capacity." (The Child Welfare League of America, 2008,
pp. 1, pgh. 17.)

With so many youth having mitigating circumstances, the death penalty is not a viable option. Now, by law, it is definitely not an option to hand down a sentence of capital punishment to juvenile offenders. The death penalty is simply a permanent solution to a temporary problem. It does not solve underlying issues that youth may have, and neglects the fact that youth deserve a second chance to prove their worth. Capital punishment would be fundamentally flawed as a punishment for a juvenile offender as it would be a final judgment, and there would be no retracting the punishment once it would be meted out. If there was an error, and somehow the youth was wrongfully convicted and sentenced to death, then there would be no method of recourse.

Public opinion in the U.S. is highly against the notion of allowing the death penalty for juveniles.

"The most recent national death penalty poll conducted by the
Gallup Organization found that, while the majority of Americans
support capital punishment, they oppose executing those who are mentally retarded,
mentally ill, or who are juveniles at the time of their crime. Only
about half of Americans believe the death penalty is applied fairly. The poll
found that 69% of Americans oppose capital punishment for juvenile
offenders." (The Death Penalty Information Center, 2008, pp. 1, pgh. 4.)

Unfortunately, it is obvious that there is not an international consensus against juvenile capital punishment. The United States is apparently one of the few that have raised the age for capital punishment. Moreover, there are five other countries around the world in which capital punishment of juveniles is still allowed.

"Since 1990, nine countries have executed offenders who were juveniles
at the time of their crimes: China, D.R. Congo, Iran, Nigeria, Pakistan, Saudi

Arabia, Sudan, the United States and Yemen. China, Pakistan, the United States
and Yemen have since raised the minimum age to 18...Between 2005 and May
2008, five nations (Iran, Pakistan, Saudi Arabia, Sudan and Yemen) were
reported to have executed child offenders, the most being from Iran."
(Wikipedia, 2008, pp. 1, pgh. 5.)

This only strengthens the urgency of the necessity of those who have the power, through agencies such as Amnesty International,
to influence public opinion on matters of such important international interest.

Capital punishment of juvenile offenders is a serious discussion that must not be entered into lightly. It is of singular importance that one understands that: the death penalty is too brusque and austere of a judgment to place upon a juvenile; capital punishment is not a befitting punishment for youth; and public opinion is highly against capital punishment of juvenile offenders.

REFERENCES

Lane, Charles. (2005). 5-4 Supreme Court Abolishes Juvenile Executions. Retrieved October 2,

2008, from The Washington Post Company Web Site:
http://www.washingtonpost.com/wp-dyn/articles/A62584-2005Mar1.html.

Tuell, John A. (2008). Juvenile Offenders and the Death Penalty. Retrieved October 2, 2008,

from The Child Welfare League of America Web Site:

http://www.cwla.org/programs/juvenilejustice/juveniledeathpenalty.htm.

Wikipedia. (2008). Capital Punishment. Retrieved October 2, 2008, from

The Wikipedia Web Site:

http://en.wikipedia.org/wiki/Capital_punishment#Juvenile_offenders.

Yee, Leland. (2008). Reforming Life Sentences for Youth Offenders in California. Retrieved October 2,

2008, from The California Progress Report Web Site:
http://www.californiaprogressreport.com/2007/04/reforming_life.html.