Summary:
The history of executing juvenile criminals and arguments for abolishing capital punishment on those younger than 18.
Capital punishment is also known as death penalty and it is the execution of an individual in punishment of a crime. The word "capital" comes from Latin caput meaning head. Therefore the meaning of capital punishment, which can translate to decapitation.
Decapitation was the preferred way of execution for long time. Other common ways of execution in Old America were hangings, burning, pressing, breaking on wheels and firing squads. Now a day lethal injection and electrocution are the choices for execution.
The question is, when is this individual under 18 liable for his/her actions? Are kids under 18 considered full-grown adults? I think not. On this essay I will list the facts that establish juveniles and kids as underdeveloped adults. Based on this condition, we as a society should not hold them up to the standards of adults. Yes they can still be reprimanded and punished for their crimes, but not executed.
The American Society claims that our children have a very special place in life. Are we not, then supposed to defend them and make sure that their place is maintained? The Juvenile Justice System is responsible for protecting children. The fundamentals from which this system operates is to keep these children from harm either from themselves or others. For about a century the Court System has attempted to protect juveniles and kids to their entitled special rights and immunities. Some of these special privileges include protection from publicity, no confinement with adults, protection against the loss of civil rights, or disqualification of public employment. These rights exist to protect children from society and to give them an opportunity of rehabilitation.
Historically there were juvenile institutions as early as 1825. The New York House of Refugee is an example of them. Then in 1899 the first Juvenile Court was created in Chicago. Children that were convicted had a sentence less severe than adults.
There was emphasis on the "why" issue, instead of just disregarding kids as a menace to the public. The United States Supreme Court Decision In re Gault in 1967 set the new era. This time period was labeled the era of Socialize Juvenile Justice System. On this period the emphasis was on early identification, diagnosis, prescription of treatment, implementation of therapy and cure or rehabilitation under supervision (Mello).
As stated by Victor L. Streib "Whether the child deserves to be saved by the state is no more question for a jury than whether the father, if able to save it, ought to save it."
In re Winship in 1970 regarding juveniles the U.S. Supreme court held that proof beyond reasonable doubt was among the essentials in court preceding. Then in McKeiver v. Penssylvania the court decided that trial by jury in the Juvenile justice System's adjudicatory hearing was not a constitutional requirement. On one more case Breed v. Jones in 1975, the court held that a juvenile couldn't be sentence twice for the same offense.
Needless to say that all these requirements had a profound effect on how juveniles are handled in the Criminal Justice System. The case Furman v. Georgia brought a suspension of execution between the years of 1967 and 1976. This case found the death penalty unconstitutional because it was cruel and unusual punishment violating the eight amendment of the united States Constitution.
Woodson v. North Carolina ratified the ruling, which forbade any State from punishing any murder with death penalty. Then came Gregg v. Georgia in which the trial for capital crimes followed the ways into guilty-innocence and sentencing phases. In January 17, 1977 Gary Gilmore went before the firing squad in Utah. This incident brought back executions. Out of the States that supported capital punishment, 19 of them set the age limit at 18, 5 at 17 and 14 at 16.
While all these cases were taking place, kids and juveniles were getting executed around the country. Between the first documented execution in 1642 and 1986, there were 279 kids executed. The followings are examples of these executions. Thomas Graunger executed in 1642 in Massachusetts. He was from European heritage and 16 years old at the time of crime. He was charged with a crime of bestiality-genital copulation with a mare and a cow. He was hanged and according to the Bible the mare and the cow were killed too.
Hannah Ocuish was executed December 20, 1786 in Connecticut. Hannah was an abandoned child who suffered in her foster house. She was only 12 years old when she killed another child her own age. She was found guilty and hanged. Willie B. Clay, Edward Powell and Nathaniel Walker was executed in Dec 29, 1941 in Florida. These three black boys were 15, 15, and 14 years of age respectively at the time of the crime. The kids robbed a store and the clerk fought back. She was struck with an iron bar by one of the kids. She died. The kids were arrested and electrocuted. Eugene Burman was executed in March 27, 1942 in Kentucky. Eugene's crime was a rape of a 22-year-old white woman. He was found guilty and electrocuted. James Terry Roach was executed January 10, 1986 in South Carolina. James Terry Roach was not only 17 years old, but he had an IQ of around 70. Roach had killed Tomas Tyler while robbing him. He was found guilty and electrocuted.
Society today controls juveniles by trying them as adults instead of considering better alternatives. First we condemned children and blame them for their acts. The truth is that many times we have failed to help them. We have failed kids that commit lesser offenses such as, traffic offenses, statues offenses or delinquency offenses.
As a result these kids commit later on more serious offenses. So how is it that if these kids have passed trough the system already; we are unable to detect them in time. The truth is that the "Broken windows" model does not work well when the Juvenile Justice System is not fulfilling its part. Even if these kids are put trough the system for minor offenses, the lack of follow up results in recidivism. Other neglects of society are faulty gun laws, which give juveniles access to weapons. These weapons are use in crimes from ideas that our youths get from the media or internet sites. How can we blame the crimes solely on our kids when we don't even provide then with moral or psychological support. To top it all of teenagers are allowed to hunt with rifles and shotguns to practice sportsmanship with their fathers. They are also allowed to possess semi-automatic Uzis, AK-47s, AR-15s and other assault weapons manufactured before 1994. No wonder that the number of youths under 18 in adult prisons is now 5,400 -more than double of what it was 10 years ago-(Adult Juvenile Delinquents). Currently there are 72 inmates on death row who were juveniles when they committed their crimes (NPR).
Society's flaws in handling troubled and criminal juveniles are only part of the reasons of why children under the age of 18 should not be executed. Minority statues gives people fewer than 18 statutory disabilities (Michael Mello). Kids under 18 cannot buy alcohol, cannot vote, cannot consent to medical treatment, cannot be licensed or employed as a peace officer, state trooper, narcotics agent, firefighter and so on.
Eighteen years is the line selected by Congress and the States in ratification of the twenty sixth amendment. In the same way society has the same age has the division between childhood and adulthood. Based on this remarks children under 18 should have also a different level of accountability.
Harvard and UCLA studies have determined that the frontal lobe portion of the brain, which is responsible for decision-making and considering long-term consequences does not fully develop until adulthood (Andrews Vachss). Immediate rewards and punishments are classical thoughts of adolescents. Teenagers are risk takers who do not think were are they going to be 5 or 10 years into the future. Therefore is unrealistic to have them think of death penalty as a repercussion.
To summarize I'm glad to say that finally society has accepted responsibility in the socializing and criminal behavior of teens and kids. In Thompson v. Oklahoma in 1988, the Court decided that people younger than 16 when they committed a crime may not be executed. Finally now in 2005 in Roper v. Simmons, the Court rules that Constitution forbids execution of killers under 18 when they committed their crimes, ending practice in 20 States (NPR). Lets hope society takes this as an opportunity to take responsibility. We need to form a plan of action to help trouble teenagers and kids. A follow-up method that saves these kids from "falling through the cracks" is necessary.
Streib, Victor, "Death penalty for Juveniles."
NPR, "Supreme Court ends Death Penalty on Juveniles", Internet.
Mello, Mike, "Death Work" Defending the condemned.
Wikipedia, The free Encyclopedia. Wikipedia.org Internet
Opposing view points, galenet.galegroup.com.lib Internet
Hood, Roger, "The Death Penalty: a world perspective" 2002
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