US Newswire

SOUTH DAKOTA/WYOMING: South Dakota, Wyoming Abolish Juvenile Death Penalty; Bill Advancing in New Hampshire

Contact: David Elliot of NCADP, 202-543-9577, ext. 16; e-mail: delliot@ncadp.org; web: http://www.ncadp.org

2 states Wednesday abolished the juvenile death penalty, bringing to 31 the number of states that do not execute youthful offenders for crimes committed at the age of 16 or 17.

South Dakota Gov. Mike Rounds and Wyoming Gov. Dave Freudenthal each signed their state's legislation, while a similar bill is advancing in New Hampshire.

The National Coalition to Abolish the Death Penalty targeted South Dakota and Wyoming as part of its Campaign to End Juvenile Executions. Next term, the U.S. Supreme Court will hear arguments on whether executing people for crimes committed before the age of 18 violates the 8th Amendment ban on cruel and unusual punishment.

Despite the recent developments, Texas has scheduled the execution of 5 youthful offenders, 4 of whom are Latino and 1 of whom is African American. The past 6 youthful offenders executed by the state of Texas all have been African American. (2 of the Texas youthful offenders scheduled for execution, Edward Capetillo and Anzel Jones, have been granted stays.)

"The recent successes in Wyoming, South Dakota and New Hampshire show that momentum is with us," said Brian Roberts, NCADP executive director. "When the U.S. Supreme Court banned the execution of people with mental retardation, 30 states outlawed that practice. Now 31 states outlaw the juvenile death penalty. We're well on our way to sweeping the juvenile death penalty away to the dustbin of history, where it belongs."

Roberts expressed alarm at the number of youthful offender executions scheduled in Texas. "Texas is out of bounds," he said. "Not only is Texas' death penalty system among the nation's weakest when it comes to clemency review, quality of trial counsel and appellate review, Texas is bucking the national trend when it comes to executing youthful offenders. In legal parlance, this makes Texas an outlier state."

Death Penalty Removed for Children Under 18

Governor Freudenthal has signed a bill outlawing the death penalty for children under 18.

The governor conceded he was not initially in favor of removing capital punishment for defendants as young as 16.

Freudenthal says his difficulty with the bill likely resulted from his years as a prosecutor.

But he says the arguments weigh in favor of a more rational application of the death penalty.

The sponsor, Democratic Representative Jane Warren of Laramie, said that with treatment and family support, troubled youths can be diverted away from violence.

A cosponsor, Republican Representative Bob Brechtel of Casper, says the bill is a real step forward in recognizing the value of human life.

The measure takes effect July 1st.

TWO MORE STATES BAN DEATH PENALTY FOR JUVENILES

Governors Mike Rounds of South Dakota and Dave Freudenthal of Wyoming have signed into state law bipartisan legislation banning the execution of those who were under the age of 18 at the time of their crimes. Of the 38 death penalty states, 19 forbid the death penalty for juveniles. The federal government also forbids the practice.