This article brings together two essays, one arguing that the imposition of the death penalty on a juvenile under the age of eighteen is cruel and unusual punishment and the other asserting that States should be able to examine on a case-by-case basis whether capital offenders under the age of eighteen should be subjected to the death penalty.
The argument that imposing the death penalty on juveniles is cruel and unusual punishment stresses youthful immaturity and the responsibility that social, familial, and educational systems must bear for juvenile crime. Different standards of behavior are expected for juveniles and adults. The death penalty is an adult standard imposed upon adolescents. A more reasonable penalty for adolescents is rehabilitation. The argument for imposing the death penalty on murderers less than eighteen years old at the time of their crime points out that eighth amendment guarantees are not violated. Punishment is based on individual and not group characteristics. States are justified in examining each juvenile offender's case to determine whether capital punishment should be imposed. Most States do not forbid the death penalty for those under the age of eighteen at the time they commit murder.