FEATURED POST

America Is Stuck With the Death Penalty for (At Least) a Generation

Image
With Justice Anthony Kennedy's retirement, the national fight to abolish capital punishment will have to go local.
When the Supreme Court revived capital punishment in 1976, just four years after de facto abolishing it, the justices effectively took ownership of the American death penalty and all its outcomes. They have spent the decades since then setting its legal and constitutional parameters, supervising its general implementation, sanctioning its use in specific cases, and brushing aside concerns about its many flaws.
That unusual role in the American legal system is about to change. With Justice Anthony Kennedy’s retirement from the court this summer, the Supreme Court will lose a heterodox jurist whose willingness to cross ideological divides made him the deciding factor in many legal battles. In cases involving the Eighth Amendment’s prohibition against cruel and unusual punishment, his judgment often meant the difference between life and death for hundreds of death-row pr…

History of Death Penalty for Juvenile Offenders

George Stinney Jr. was electrocuted in South Carolina when he was 14.
George Stinney Jr. was electrocuted in South Carolina when he was 14. He died
less than 3 months after his arrest for allegedly murdering two white girls. His
trial took a day. An all-white jury deliberated 10 minutes. He was posthumously
exonerated by a South Carolina court  in 2014. Read more.
In 1642, Thomas Granger, 16, was hanged in Plymouth Colony, Massachusetts, for having sex with a mare, a cow and some goats. It was America’s first documented execution of a child offender and the debut of the juvenile death penalty. The practice would end 363 years later after the deaths of at least 366 child offenders — people under the age of 18 at the time of their crime.

The youngest girl to be executed was 12-year-old Hannah Ocuish, a Native American child who was hanged in Connecticut in 1786 for murdering a 6-year-old white girl.

James Arcene, a Cherokee, was the youngest ever to be condemned. He was hanged in Arkansas in 1885 for a murder-robbery he helped commit when he was 10. The execution came 13 years later (not out of deference for his young age, but because it took that long for lawmen to arrest him).

Others were rushed to their deaths.

In 1944, African-American George Stinney Jr. was electrocuted in South Carolina when he was 14, making him the youngest person executed in the 20th century.

Stinney died less than three months after his arrest for allegedly murdering two white girls in small-town South Carolina. His trial took a day. An all-white jury deliberated 10 minutes before finding him guilty. His lawyer didn’t file an appeal. (In 2014, a South Carolina court took the remarkable step of exonerating him posthumously, finding that he’d suffered an egregious miscarriage of justice.)

In 1964, Texas executed African-American youth James Echols — the last teen to get the death penalty for rape. Echols’ victim was a white woman. He was put to death at 19, two years after the crime.

After Echols’ execution, laws allowing the penalty stayed on the books but weren’t used for the next 21 years. Capital punishment’s popularity was waning. States held back from imposing it, waiting to see how court challenges would resolve arguments that it was unconstitutional.

By 1972, the U.S. Supreme Court ruling in Furman v. Georgia largely agreed. Death sentences for all age groups were imposed so arbitrarily — so “wantonly” and “freakishly” as Justice Potter Stewart put it — that they violated the Eighth Amendment, the court held. The ruling in effect struck down all death penalty statutes as they then existed, but it allowed states an opportunity to craft new, less discriminatory laws.

More than 30 states enacted statutes that would pass judicial muster. The modern era of the death penalty began. By 1974, teenagers once again arrived on death row.


Source: Juvenile Justice Information Exchange, Amy Linn, Feb. 13, 2016

Related content:


- Report an error, an omission: deathpenaltynews@gmail.com - Follow us on Facebook and Twitter

Most Viewed (Last 7 Days)

Texas: With a man's execution days away, his victims react with fury or forgiveness

Texas executes Christopher Young

Ohio executes Robert Van Hook

Saudi Arabia executes seven people in one day

Ex-Aum member Yoshihiro Inoue’s last words: ‘I didn’t expect things to turn out this way’

20 Minutes to Death: Record of the Last Execution in France

Execution date pushed back for Texas 7 escapee after paperwork error on death warrant

Texas Board of Pardons and Paroles rejects clemency for Chris Young

Ohio Governor commutes one sentence, delays another

Iran: Man executed in Mashhad; billionaire to hang over embezzlement charges