The United States is one of the few countries in the world that executes juveniles, and, since 1990, it has executed 10 persons for crimes committed prior to age 18. With the increasing trend of waiving juvenile offenders to the adult court and imposing harsher sentences than in the past, these numbers can be expected to rise. In 1988, the U.S. Supreme Court in Thomson v. Oklahoma decided that the Eighth Amendment prohibited the execution of persons younger than 16 years of age at the time of their crimes. Our society recognizes that juveniles differ from adults in their decision-making capacities as reflected in laws regarding voting, driving, access to alcoholic beverages, consent to treatment, and contracting. For the following reasons, special consideration for crimes committed prior to age 18 should be made.
Adolescents are cognitively and emotionally less mature than adults.
They are less able than adults to consider the consequences of their behavior, they are easily swayed by peers, and they may show poor judgement. We also know that teens who have been victims of abuse or have witnessed violence may show increased levels of emotional arousal and a tendency to overreact to perceived threats. Victims of child abuse and neglect are overrepresented among incarcerated juveniles, including those on death row. Studies of this population consistently demonstrate a high incidence of mental disorders, serious brain injuries, substance abuse, and learning disabilities, which may predispose to aggressive or violent behaviors. In many instances, these juveniles have not received adequate diagnostic assessments or interventions.