Wichita Bail Bonds Blog

The death penalty is one of the most controversial and debated aspects of criminal law. A key question that arises is in case minors can be sentenced to death. Historically, some countries and U.S. states allowed minors to be sentenced to death for certain crimes. Yet, changes in both international and domestic law have limited this practice, with a growing consensus that juveniles should not face the death penalty.

International Law and the Death Penalty for Minors

Under international law, the death penalty for minors is prohibited in most countries. The United Nations’ Convention on the Rights of the Child (CRC) explicitly forbids the execution of anyone under the age of 18 at the time of their offense. This treaty has been ratified by nearly every country in the world, with a few notable exceptions. The global consensus is that minors should be treated differently in the criminal justice system due to their underdeveloped decision-making abilities and potential for rehabilitation.

• The CRC prohibits the death penalty for minors
• Almost all countries have abolished the death penalty for juveniles
• Exceptions include a few countries where the death penalty is still allowed for minors under certain conditions

The U.S. and the Death Penalty for Minors

In the United States, the practice of sentencing minors to death has been significantly curtailed. The U.S. Supreme Court has ruled in some landmark cases that executing minors is unconstitutional under the Eighth Amendment’s prohibition against cruel and unusual punishment. These rulings have dramatically changed the landscape of juvenile justice in the country.

• Roper v. Simmons (2005) – The U.S. Supreme Court ruled that it is unconstitutional to impose the death penalty on anyone under the age of 18 at the time of the offense. This decision was based on the belief that juveniles are less culpable due to their mental and emotional immaturity.
• Atkins v. Virginia (2002) – Though this case involved intellectual disability, it set a precedent for evolving standards of decency in U.S. law, influencing subsequent cases involving juvenile defendants.
• Juvenile Death Penalty Abolition – Following Roper v. Simmons, minors cannot be sentenced to death in any U.S. state, even if the crime is particularly heinous.

Before the Roper decision, minors as young as 16 could be sentenced to death in certain states. Yet, the Court found that minors are less culpable than adults and that executing them does not serve the same deterrent effect as it does for adults.

Current Legal Landscape

Today, no juvenile can be sentenced to death in the United States. If a minor is convicted of a capital offense, they may face life imprisonment, possibly with the chance for parole after a certain period, depending on state laws. Some states also provide for life without parole in cases involving particularly serious crimes committed by minors.

• Minors sentenced to life imprisonment without parole may still have opportunities for review, as the Court has ruled that these sentences cannot be imposed for non-homicide offenses.
• State laws differ on the possibility of parole for minors convicted of serious crimes, with some states abolishing juvenile life without parole.

Minors can no longer be sentenced to death in the United States, following the Roper v. Simmons ruling by the Supreme Court in 2005. Internationally, the death penalty for minors is largely prohibited, and most countries have banned it altogether. The shift reflects a broader understanding of juvenile justice, emphasizing rehabilitation and recognizing that minors are not fully developed and should not face the ultimate punishment of death.