Twenty Years After the Abolition of the Death Penalty for Juveniles: Transition and Trepidation

• In Event: Legal Insights into Juvenile Justice Issues

Abstract

Twenty Years After the Abolition of the Death Penalty for Juveniles: Transition and Trepidation
When the Court decided Roper v. Simmons (2005), the majority explained the rationale for the abolition of the death penalty for youth who were under the age of eighteen. In the intervening 20 years, the Court re-visited adult sanctions for youth in four other cases. Subsequently, states had to revise existing statutes, practices, and policies or develop new ones. The states’ interpretation and implementation suggest significant disparities. This paper examines and critiques states’ responses and policies post-Roper. Rather than adopting a consistent and equitable strategy, the evidence suggests that the legacy of Roper illustrates states’ ambivalence. Despite progress in developing more treatment-oriented approaches, harsh sanctions persist. There is concern that a more reactive and punitive approach will re-emerge.

Author

• Alida Merlo, Indiana University of Pennsylvania