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Question: Can juveniles be given the death penalty?

Answer: A juvenile cannot be given the death penalty for cases which remain in juvenile court. Options for sentencing in juvenile court are limited to those listed in ARS §8-341 to ARS §8-343. However, some offenses, including murder, can end up in adult court. (See ARS §13-501 for the list of offenses which require a juvenile case to go into the adult court.)

If a juvenile was charged in adult court with a death-penalty offense (first degree murder is the only one in Arizona), he or she could get the death penalty only IF the state asks for it and the court determined that enough aggravating circumstances exist to outweigh any mitigating circumstances, making that punishment appropriate for the individual convicted of that offense.

However, if the defendant was found by the court to be mentally retarded, then the death penalty is not usually available. Many states are reviewing their death penalty statutes to decide if they should refuse to allow the death penalty where the defendant is mentally retarded. Arizona is doing this review. Mental retardation is a substantial mitigating circumstance.

Also, if the defendant was under the age of 16 when the offense was committed, the death penalty is not available. The United States Supreme Court held that the death penalty cannot be applied to someone who was that young when they committed the offense. See the opinion at Thompson vs. Oklahoma, 487 U.S 815 (1988).

For more information on this issue, see:

Are they too young to die? MSNBC.
Comments
1 thru 5 of 13 comments
On 12/05/07
Alissa from TX said:
if you are "down" to do the crime then i think you are "down" to do the time even if you are under or over 18: which includes the death penalty or death row...!!!
On 11/13/07
Tammie from NY said:
I personally beleive the juveniles should not be treated as adults because they dont even have voting rights or rights of adults so why should they be treated the same in a case of murder. I honestly dont believe in the Death Penalty period life in prison is fine. By allowing the death penalty it suggests that its ok to take a life as long as its been done by the government.
On 09/03/07
eric from AZ said:
if the minor is between the ages 10-18 then they should know the difference between right and wrong so i think if the is minor 10-18 he or she should be able to get the death penalty as an option, it may sound creul but there isnt an excuse for first degree murder.
On 05/02/06
michael from NC said:
if the minor is between the ages 8-18 then they should know the difference between right and wrong so i think if the is 8-18 he or she should be able to get the death penalty as an option
On 03/15/06
Terez from MI said:
Juveniles should not be sentenced as an adult in any circumstances. Therefore such acts as the death penalty should be seen as a cruel and unusual punishment in direct violation of the eighth amendment.
1 thru 5 of 13 comments


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