Capital punishment is the execution of convicted criminal for crimes. It is also called death penalty. Almost European and Pacific area states including Canada have abolished the capital punishment. However it is continued with the United States, Asia retains the capital punishment. The counties slowly moving towards the abolition of capital punishment. On the occasion of the world day against the death penalty it is also being proposed in the 62nd session of UN General Assembly on October 10th of 2007, for a universal moratorium on executions. Capital punishment to the juveniles is unethical and meaningless.
When the capital punishment is being abolished in all corners, how far correct to give the punishment to the juveniles. JUVENILES IN THE UNITED STATES Juvenile is a legal term and refers with the minor. The person who is under the age group of 15 and 18 called as juvenile. The execution of juveniles in the United States is confirmed with the international obligations. The United States ratified with U. S. International Covenant on Civil and Political Rights thus reserves right to continue to impose the death penalty for crimes committed by those under the age of 18.
The Supreme Court of the United States makes the order rejecting the proposal for capital punishment for juvenile offenders i. e. who is in the age group of 15 to 18. Between January 1973 to December 31, 2004, 71 persons were on death row for juvenile crimes. The share is 2% of total death row population of 3,487 in the United States. They belong to all parts of the state of difference states. The highest share belonging to the Texas for which 29 persons out of 72 juvenile offenders.
In this case the offender committed the crime at the age of 17 and was tried after 9 months he has been sentenced for death at the age of 18. During the March 2005, the United States Supreme Court ruled that the death penalty for those persons who had committed their crimes at less than 18 years of age was cruel and usual punishment and hence barred by the constitutions in case of Roper Vs Simmons. At the time offense the notice age is 16 and 17 only even single case is not noticed of 15 age and the native Americans of this juveniles are only one percent i. e. one person of native American, surprisingly the victims ratio is 64 those who belonging to white race.
The Supreme Court set the minimum age for death penalty eligibility at 18 With the Supreme Court decision, the execution of juvenile offenders has been ended in the United States besides in 19 states who have powers. The courts opined that the execution is unconstitutional and cruel. It can also be remembered that before 3 years, the executions for mentally retarded persons has been banned.
Perhaps it may be the foremost step for banning the executions for juveniles. There are 19 states who have allowed the executions for juveniles are Alabama, Arizona, Arkansas, Delaware, Florida, Georgia, Idaho, Kentucky, Louisiana, Mississippi, Nevada, New Hampshire, North Carolina, Oklahoma, Pennsylvania, South Carolina, Utah, Texas and Virginia The decision of Supreme Court but it is made with 5-to-4 decisions only, just nothing but tie up decision. The juvenile death penalty is a form of cruel and unusual punishment, which is barred by the eighth amendment.
Only s In the United States the first juvenile execution started in 1692. So far near about 362 juvenile offenders have been sentenced to capital punishment with the combination of 38 states and as well as federal government which 1. 8% of the total executions in the United States since 1608. In order to protect the juvenile, separate juvenile justice system established during 1899. Out of 362 juveniles executions in the United States, 18 executions were made between 1973 to 2001, which is 2. 4% of the total executions of 749 for that period.
The United States plays major role for juvenile executions. Seven countries other than the Unites States have executed juvenile offenders since 1990. Out of the 38 states who are accessible of death penalty, only 22 states permit the execution of persons who were under the age of 18 at the time of their crimes. Out of these 22 states 15 have juvenile offenders on their death rows and 7 have carried out actual executions of juveniles. Perhaps, the United States may be the last nation over world to execute the juvenile offenders