Juveniles in the Court System

Juveniles in The Court System

Throughout the duration of 2000 and 2001, there was a total of five juveniles who were sentenced to the death penalty. Since 1954, this is a new high for juveniles sentenced to death row. In 1954, six juveniles were administered the death penalty. Back in 2000 and 2001, three of the executions were in Texas and the other two were in Virginia (New York Times). Texas currently has more than 20 juveniles on death row, and has a set minimum age of 17 for capital punishment along with four other states. The minimum age that a juvenile can receive the death penalty in Virginia is set at age 16, along with 17 other states. Fifteen states have a minimum age of 18 for capital punishment (Death Penalty Information Center).

The United States is one of seven countries that allow juveniles to be put on death row. When compared to other countries, the United States has executed more juvenile offenders than all of the other countries combined. The first execution of a juvenile offender took place in Massachusetts in the year 1642. The boy was executed for bestiality, or having sex with animals when he was 17 years old (Beiser 2). Although no information regarding his family or background was ever mentioned, it was assumed to be unpleasant. Having grown up with family problems, sexually, verbally, or physically abusive parents, or neglecting parents contributes to most, if not all juvenile crimes (Flowers 134-137).

The adolescent mind of a 16 or 17 year old is still in development. During this time of brain development, the brain begins releasing hormones which can interfere with rational ways of thinking. The center of the brain that controls reasoning and impulse control, the prefrontal cortex, is unfinished in the development process (www.pbs.org). Overall, the adolescent mind is unable to reason well and may have difficulty controlling its hormone-induced impulses. Basically, the decisions made by an adolescent are not always the same decisions that the same person would make as an adult. Adolescence is a time of poor judgment and unstable emotions (www.pbs.org). Also, during the time of adolescence, children are more susceptible to the psychological disease schizophrenia than any other point in their life and it can begin as early as age 12 (www.pbs.org). The prefrontal cortex usually becomes fully matured between the ages of 20 and 30. Up until this point, individuals remain vulnerable to irrational decision-making, impulsive behavior and schizophrenia.

Adolescent maltreatment is another factor in the delinquency and the criminality of juveniles (Flowers 133). If a child is molested, physically or psychologically abused, or grows up in a dysfunctional home, these might be the reasons that contribute to a child's poor decision-making. The experiences of a child leaves in imprint on the brain, either negative or positive. In most cases, children use these experiences to determine what is normal and what is not. A child who grows up with an abusive parent may grow up thinking that it is normal to abuse people. This can lead to serious problems and ultimately lead to a conviction in court.

Article five of the Universal Declaration of Human Rights states that "no one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment" (www.unhchr.ch). This article should prevent juvenile offenders from receiving the death penalty, because they have not had the chance to fully mature, mentally or physically. The death sentence appears to be a form of cruel and unusual punishment. These adolescents, with their "rolling emotions" and "poor judgment" are unable to properly deal with being condemned to death (www.pbs.org). Some of the consequences of juveniles being on death row are severe mental trauma, disrespect for authority, and possible more punishment from the prison guards. Learning to deal with problems in a mature matter is sometimes unattainable for adolescents.

In the case of Thompson v. Oklahoma in 1989, William Wayne Thompson was put on trial in the state of Oklahoma for the murder of Charles Keene when he was under the age of 16 (Ewing 153). Thompson sought out for revenge of his sister on Keene. William admitted to the murder, was tried, convicted and sentenced to death (Ewing 153). Thompson v. Oklahoma (1989) reached the Supreme Court. Four of the Supreme Court justices held the point of view that sentencing an individual who is under the age of 16 to death was a form of cruel and unusual punishment. Aside from those four justices, Justice O'Connor stated "a national consensus forbidding the execution of a person for a crime committed before the age of sixteen very likely does exist" (Ewing 153). Justice O'Connor proceeds to say that she was "reluctant to adopt this conclusion as a matter of constitutional law without better evidence than we now possess" (Ewing 153). Justice O'Connor was the fifth