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Juvenile Law

Cleveland State University

Cleveland State Law Review

Death penalty

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Capital Punishment Of Young Adults In Light Of Evolving Standards Of Science And Decency: Why Ohio Should Raise The Minimum Age For Death Penalty Eligibility To Twenty-Five (25), Talia Stewart Nov 2021

Capital Punishment Of Young Adults In Light Of Evolving Standards Of Science And Decency: Why Ohio Should Raise The Minimum Age For Death Penalty Eligibility To Twenty-Five (25), Talia Stewart

Cleveland State Law Review

Up until the Supreme Court’s 2005 ruling in Roper v. Simmons, juveniles could constitutionally be executed for qualifying criminal offenses. The Roper Court raised the minimum age for execution to eighteen, citing both a national consensus against executing minors, as well as recent research (at the time) showing that juveniles are more vulnerable to negative influences and outside pressures. Since Roper, the Supreme Court has remained silent regarding the requisite minimum age for execution and has left the decision up to individual states. While a slim majority of states have now abolished the death penalty in its entirety, …


When Something Wicked This Way Comes: Evolving Standards Of Indecency - Thompson And Stanford Revisited , Jennifer L. Whitney Jan 1998

When Something Wicked This Way Comes: Evolving Standards Of Indecency - Thompson And Stanford Revisited , Jennifer L. Whitney

Cleveland State Law Review

If the death penalty becomes an option for children under sixteen, the unavoidable conclusion must be that we have reverted back to colonial theories of punishment. The issue facing the nation will again become at what age to draw the line. In this article I argue that, as a society, we must prevent such executions and refute claims that, as a result of the failure of the juvenile justice system to rehabilitate killers before they kill, a consensus in favor of reducing the minimum age of execution has evolved. Part II of this note presents the theories of colonial crime …