In a forth­com­ing arti­cle, Columbia University researchers found that, since 1994, when death sen­tences for juve­nile offend­ers peaked, these sen­tences have declined sig­nif­i­cant­ly. In par­tic­u­lar, the decline in juve­nile death sen­tences since 1999 is sta­tis­ti­cal­ly sig­nif­i­cant after con­trol­ling for the mur­der rate, the juve­nile homi­cide arrest rate, and the rate of adult death sen­tences. This down­ward trend in juve­nile death sen­tences is indica­tive of an evolv­ing stan­dard in state tri­al courts oppos­ing the impo­si­tion of death sen­tences on minors who com­mit cap­i­tal offens­es.

This evi­dence is rel­e­vant for the upcom­ing Supreme Court case of Roper v. Simmons that will decide whether a nation­al con­sen­sus has evolved against such death sen­tences. One mea­sure of this con­sen­sus would be a less­en­ing in the num­ber of juve­niles sen­tenced to death.

The Decline of the Juvenile Death Penalty: Scientific Evidence of Evolving Norms, by Jeffrey Fagan and Valerie West of Columbia University, will be pre­sent­ed at the Symposium on Actual Innocence at Northwestern University in October and has been accept­ed for pub­li­ca­tion in the peer reviewed pub­li­ca­tion, The Journal of Criminal Law and Criminology. (Press Release, Columbia Law School, Oct. 5, 2004) (Link to Press Release and Article). See From DPIC” on DPIC’s home page, and DPIC’s Roper v. Simmons page.

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