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Executions of juveniles began in 1642 with the execution of Thomas Granger, from Plymouth Colony, Massachusetts, his age was not stated in the reference. (Minimum Death Penalty Ages) Three hundred and fifty years later, Twenty-Three states have legalized the execution of juveniles. Eighteen of those Twenty-three states have lowered the legal age of execution to sixteen. (Minimum Death Penalty Ages) For reasons unknown the public has supported the death penalty since this countrys existence. In this day and age of increasing violence, both juvenile and adult, it is time to re-examine the use of the death penalty as the ultimate solution to crime. The social repercussions of enforcing the state executions of juveniles far outweigh any of the benefits that may be gained. The cry for the death penalty is most loudly heard when referring to it as a deterrent. According to Allen Kale he estimates that about 76 % of the American public support the use of the death penalty as a deterrent, however that support drops to less than 9 % when referring specifically to juveniles. (Kale, pg. 35) The mindset of the American public seems to be drastically different when dealing juveniles.
And yet, with only 9 % of the public supporting the policy, it remains in effect. Another strong out cry for the death penalty comes from those wanting restitution for the death of a loved one. It is the thought that a life is the ultimate price to pay, which fuels this argument. The delineation between adults and juveniles is much less clear on this point. Age doesnt seem to make much of a difference when dealing with restitution.
Putting an individual to death seems to put the minds of certain individuals at ease. This argument seems to make the 9 % be the vast majority of supporters then the low number it actually is. The distinction between juveniles and adults is a very important one. It is often a deciding factor when one is choosing to support the death penalty or not. Although the difference often consists of just a few short years, it is those years which make all the difference.
Often its deterrent effect and costs are greatly affected by age and maturity. In fact, most theories and reasons for supporting the death penalty are flawed when applying them to juveniles. The debate over whether or not the death penalty is an effective deterrent is likely to continue as long as it is in place. However, its deterrent effect towards juveniles is more obvious. There are several reasons why the death penalty does not deter children. The death penalty has a very unique effect on juveniles.
It has now become an ineffective means of deterring crime while in some cases actually acting as an incentive for crime. The first reason the death penalty is an ineffective tool for law enforcement is because it has to do with the hypocrisy surrounding the policy. Because the state is actively taking part in killing, the death penalty is seen as hypocritical by juveniles. It is of course, hard to believe that juveniles not murder when they regularly see it being done by the government with the apparent approval of society. This was supported when Victor Strieb a dean and Professor of Law at Ohio Northern University, stated that Now they see government officials struggling with a problem of their own, a person whose behavior is unacceptable to them.
How do government officials solve their problem? They kill or execute the person who is causing the problem. Is it wrong to kill someone to solve a problem? It is akin to a lecture to children about the evils of smoking being delivered by a lecturer who is puffing on a cigarette. (Strieb, pg. 245) The next reason the death penalty is an ineffective tool for Law Enforcement deals with the lack of maturity that most juveniles show.
Every juvenile is dealing with enormous amounts of stress everyday. It is these pressures that affect the deterrent effect of the juvenile death penalty. Each juvenile deals with this stress in a different way, however, because of this stress, many adolescents act impulsively at times. Stephen Harper a veteran public defender in Miami-Dade County states, This is not a moral or legal fact-Its a scientific fact. Scientifically you cant hold them (juveniles) to the same standard as an adult who commits the same crime. (Bell) Finally not only does the death penalty hold no deterrent for juveniles but in some cases acts as an incentive for crime. This can happen for two separate reasons.
The first deals with the peer pressure previously mentioned. Because death is seen as the highest price to pay the committing of a crime that would warrant the death penalty could put a juvenile in a position to gain great respect from his peers. The second deals with the hypocrisy also previously mentioned. With the state-legitimizing killing as it does, some minors are compelled and encouraged to commit crime. It is as though they feel no responsibility to abide by the laws the government sets down when that government doesnt follow them itself.
The problems surrounding the death penalty go far beyond the actual juveniles affected by it. Though the debate over its justification as well as the actual carrying out of an execution affects all of society. These effects range from the millions being spent on the appeals process to the racist way it is carried out. Whatever the effect may be, it is not something that can be swept under the rug.
These are issues which are present in everyones life. Proponents of the death penalty like it because it saves billions compared to life in prison. That would be true if one were comparing the cost of electricity for the electric chair, or the price of rope for a hanging. Unfortunately these are not the only costs involved with putting a person to death. There are a countless number of appeals granted in every capital case.
All of these cases require prosecutors, defense attorneys, and other court fees; all of which costs money. The majority of this money ends up falling onto the taxpayers, seeing as most juveniles in capital cases lack the needed funds. The bottom line is that the average death row case costs a significant amount more then life imprisonment would. These costs come about largely in part because of the extensive appeals process that is involved in every capital case. Possibly the worst result of having the death penalty is its tendency to block other programs. This happens for two distinct reasons.
The first is because the death penalty is seen by many as an end all solution. With the death penalty in place it seems as though many feel that nothing else is needed. The next way the juvenile death penalty adversely affects society has to do with an age-old dilemma; racism. Time and time again it is argued that capitol cases are the modern equivalent to something along the line of the Ku Klux Klan. There are several informal statistics which lead people to believe that the death penalty is racist. One of the statistics shows that 10 of the 16 juveniles executed since 1976 were done the southern states and that only 37 % of the offenders on death row are white and the rest are of other races mainly black and Latino. (Juveniles and the Death Penalty) However there are more significant arguments to be made.
Racism can be found both in charging, sentencing, and imposition of the death penalty. Presently, two thirds of the juveniles on death row are from minority groups that represent only about twenty percent of the countrys population. (Juveniles and the Death Penalty) We are living in a time of increased crime and violence. With teenagers growing up as murderers there is obviously something wrong. When it comes down to it, it is time to start working on crime before it happens rather then after.
One way to start this process it to eliminate one of the most costly, racist, and the most ineffective policy ever enacted in this country, the death penalty. If the death penalty is to continue to be used it must be re-examined. There are several factors, which need to be taken into consideration; not simply the sleep that families can get after an execution. Whether its the costs, its use as a deterrent, the death penalty continues to fail its intended purpose.
This is not something to be ignored, and it is something we as a country have to deal with. The impacts of the death penalty affect us all. If nothing else these juveniles are simply too young. 551 Kale, Allen. How does the public feel? Time Aug. 1995: 35 Strieb, Victor. Imposing the Death Penalty on Children.
California: Sage, 1987 Bell, Maya. Should U. S. Spare Young Killers? : web Juveniles and the Death Penalty: web Minimum Death Penalty Ages by American Jurisdiction: web
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Research essay sample on Death Penalty Deterrent Effect
