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Juvenile Offenders and the Death Penalty

How Far Have Standards of Decency Evolved?

Mercyhurst College

Alida V. Merlo

Indiana University of Pennsylvania

In 2002, the U.S. Supreme Court ruled that because they are less culpable and less able to deliberate about their behaviors, the execution of mentally retarded offenders exceeded the prevailing standards of decency (Atkins v. Virginia). Based on this rationale, and with increasing concerns over wrongful convictions and the execution of innocent defendants, some questioned whether the Court’s decision could also apply to juvenile offenders. In March 2005, the majority of the justices determined that executing adolescent offenders violated the Eighth Amendment (Roper v. Simmons). This article reviews (a) recent court decisions on the death penalty, (b) citizen and student opinions on juvenile executions, and (c) comparative policies on juvenile executions. The authors also discuss the politics of the death penalty and the consequences of Roper on juvenile justice policy.

Key Words: juvenile death penalty • evolving standards of decency • Supreme Court • youth • juvenile violent offenders

Youth Violence and Juvenile Justice, Vol. 3, No. 4, 316-333 (2005)
DOI: 10.1177/1541204005278678


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