Killing kids: The juvenile death penalty and community sentiment
作者:
Norman J. Finkel,
Kevin C. Hughes,
Stephanie F. Smith,
Mane L. Hurabiell,
期刊:
Behavioral Sciences&the Law
(WILEY Available online 1994)
卷期:
Volume 12,
issue 1
页码: 5-20
ISSN:0735-3936
年代: 1994
DOI:10.1002/bsl.2370120103
出版商: John Wiley&Sons, Ltd.
数据来源: WILEY
摘要:
AbstractIn the Supreme Court's Eighth Amendment jurisprudence, “community sentiment” plays a central if not dispositive role in determining if a punishment is disproportionate. To gauge sentiment on the death penalty for juveniles, two experiments with death‐qualified subjects were run, whereage(a 15–25 age range) andcase(heinousness) were varied in the first, andtype of defendant(principal, accessory, or felony‐murder accessory) and anextended agerange (13–25) varied in the second. Significantageeffects occur in both experiments, with approximately 75% and 65% refusing to give the death penalty for the youngest (13–15) and next youngest (16–18) groups, whereas 60% give the death penalty for the 25‐year‐old. In their reasons for their decisions, the killing kid was judged less blameworthy and death‐worthy. Although politicians have called for “a man‐sized punishment for a man‐sized crime,” this community does not see that “man‐
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