Capital jurors as the litmus test of community CONSCIENCE FOR THE JUVENILE DEATH PENALTY

In the fall of 2004, the US Supreme Court will make a decision about the constitutionality of the juvenile death penalty in the Simmons v. Roper case. The issue before the Court is whether the juvenile death penalty is consistent with the conscience of the community. As part of the Capital Jury Project, 1,198 jurors who had made life-or-death decisions in 353 juvenile cases were interviewed as an approach to the community conscience. Jurors had imposed the death penalty in only 17% of these cases vs the higher rate (60%) found in adult cases. Two issues of legal relevance in juvenile cases -- age & the treatment of juveniles vs that of the mentally retarded -- are discussed. Jurors were likely to spare 17-year-olds & under far more than the mentally retarded. In the juvenile decisions, jurors considered family background & social adjustment; case studies are cited. From this direct evidence, it appears that the execution of juveniles under age 18 should be constitutionally unacceptable on the grounds of the conscience of the community. 3 Tables, 2 Figures, 2 Pictures. M. Pflum