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Juveniles

Juveniles. PRE-FURMAN: 159 EXECUTIONS, 90% 16-17 YO (A FEW MUCH YOUNGER!!) THREE KEY TIME PERIODS:. Juveniles. 1. BEFORE CIVIL WAR 24 JUV EXECS IN 200+ YEARS! (RARE - ABOUT 1 PER DECADE) ALL OVER THE COUNTRY ALMOST ALL MINORITY/IMMIGRANT. Juveniles.

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Juveniles

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  1. Juveniles PRE-FURMAN: 159 EXECUTIONS, 90% 16-17 YO (A FEW MUCH YOUNGER!!) THREE KEY TIME PERIODS:

  2. Juveniles 1. BEFORE CIVIL WAR 24 JUV EXECS IN 200+ YEARS! (RARE - ABOUT 1 PER DECADE) ALL OVER THE COUNTRY ALMOST ALL MINORITY/IMMIGRANT

  3. Juveniles 2. CIVIL WAR TO WW2 MORE THAN 100 EXECS (>1 PER YEAR) INCREASINGLY SOUTHERN 90% MINORITY NOTE: EVERY JUV FEMALE EXECUTED IN US HISTORY WAS MINORITY - THE LAST JUV FEMALE EXEC WAS IN 1912

  4. Juveniles 3. AFTER WW2 15 EXECS, LAST ONE IN 1959 (ABOUT 1 PER YEAR) ALL SOUTHERN (EXCEPT 1) ALL BLACK

  5. Juveniles POST FURMAN: 22 EXECS ALL IN SOUTH (EXC 1 IN MISSOURI) 55% MINORITY

  6. Juveniles 2003 - 83 JUVS ON DEATH ROW ALL MALE ALMOST ALL IN THE SOUTH (MOSTLY TEXAS) MOSTLY FELONY + MURDER 80% 17 20% 16 (AT TIME OF OFFENSE)

  7. Juveniles 2/3 MINORITY VICTIMS 3/4 WHITE, ADULT, MALE/FEMALE DISCRIM PATTERN SAME AS FOR ADULTS – MIN ACCUSED OF CRIME AGAINST WHITE (RESEARCH BY ONE OF MY STUDENTS)

  8. Juveniles TEXAS JUV EXECUTIONS 1985-1992 3W TEXAS JUV EXECUTIONS 1993-2003 1W 1H 8B

  9. Juveniles CONCLUSION: JUV DP SIMILAR TO ADULT -- SLIGHTLY MORE RACIST MAJOR INTERNATIONAL ISSUE - BY 2000, US ALMOST ONLY COUNTRY LEFT EXECUTING CHILDREN!!!

  10. Juveniles COURT CASES: None before 1988! Thompson v. Oklahoma 1988 -- banned exec of 15 YO Stanford v. Kentucky 1989 -- OK to exec 16 & 17 YO

  11. Juveniles In Re Stanford 2002 -- Court voted 5-4 not to change Stanford ruling (This issue came up because the Court did reverse an earlier ruling and banned exec of mentally retarded defendants - same five justices hinted almost ready to ban juv exec.)

  12. Juveniles Simmons v. Roper 2003 -- Missouri Supreme Court ruled that exec of juvs unconsti under US Consti based on “evolving standards of decency.” Missouri prosecutors appealed to the US Supreme Court referring to In Re Stanford

  13. Juveniles Roper v. Simmons 2005 -- US Supreme Court banned exec of juvs -- under 18 (at time of crime) by 5-4 vote. Very unlikely to be reversed. Roper v. Simmons probably ended this issue permanently.

  14. Juveniles More on Roper v. Simmons (2005) Announced March 1, 2005 Banned exec of juvs (under 18) (commuted about 70 sentences almost all in southern states)

  15. Juveniles Missouri case -- Christopher Simmons No question of guilt - but a sham trial and a childhood history of vicious abuse. 2003 - Missouri Supreme Court ruled juvenile DP unconstitutional under US Constitution “Cruel and unusual” (8th Amendment)

  16. Juveniles At the time, the US was the only remaining country in the world to officially allow juvenile executions, and execution of juveniles was banned by virtually every international protocol on the rights of children

  17. Juveniles Majority - Kennedy, Stevens, Souter, Ginsberg, Breyer Sotomayor and Kagan? Dissenters - Rehnquist, Scalia, Thomas, O’Connor Alito and Roberts??

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