Capital jurors, Death penalty, Capital punishment, Capital sentencing, Simmons v. Roper, Eighth Amendment, Juvenile death penalty, Capital Jury Project, CJP
Criminal Law | Criminal Procedure | Fourteenth Amendment | Juveniles
This fall, the United States Supreme Court will consider the constitutionality of the juvenile death penalty in Simmons v. Roper. The Eighth Amendment issue before the Court in Simmons will be whether the juvenile death penalty accords with the conscience of the community. This article presents evidence that bears directly on the conscience of the community in juvenile capital cases as revealed through extensive in-depth interviews with jurors who made the critical life-or-death decision in such cases. The data come from the Capital Jury Project, a national study of the exercise of sentencing discretion in capital cases conducted with the support of the National Science Foundation.
Antonio, Michael E.; Fleury-Steiner, Benjamin; Hans, Valerie P.; and Bowers, William J., "Capital Jurors as the Litmus Test of Community Conscience for the Juvenile Death Penalty" (2004). Cornell Law Faculty Publications. Paper 382.
Published in: Judicature, vol. 87, no. 6 (May-June 2004).