DECLINE AND FALL OF JUVENILE CAPITAL PUNISHMENT:
THE BEGINNING OF THE END OF A SCANDALOUS AMERICAN PRACTICE?
by
Victor L. Streib
Professor of Law
Cleveland State University
Cleveland, Ohio 44115
Presented at the 1988 Mid-Year Conference
of the American Psychology-Law Society,
Division 41, American Psychological Association,
Miami Beach, Florida
March 12, 1988
©
Victor L. Streib
¢ 1988
a 1
Over the past-three and one half centuries this nation and
its colonial antecedents have executed 282 persons who committed
their capital crimes while under the age of eighteen.\l For the
purposes of this paper such persons are labelled juveniles’ since
age eighteen is the most common age cut-off for juvenile court
jurisdiction. \2 As rare as the death penalty for juveniles has
been during American history it is becoming even rarer. As of
early 1988, it appears that the practice is on the verge of
disappearing completely from our criminal justice system. This
paper examines that trend toward abolition of the death penalty
for juveniles and documents what may be the last days of juvenile
capital punishment.
HISTORY OF EXECUTIONS UNDER JUVENILE DEATH SENTENCES
Executions under juvenile death sentences began in 1642 and
peaked in the 1930s and 1940s.\3 They ended temporarily in 1964
but began again in 1985. Then three such juvenile executions
occurred in an eight month period, the last one being of Jay
Kelly Pinkerton on May 15, 1986.\4 None of the persons executed
since Pinkerton were under the age of eighteen at the time of
their crimes.
While persons have been executed for crimes committed as
young as age ten,\5 82% of these juvenile offenders were age
sixteen or seventeen when they committed their crimes and the
average age was just over sixteen years. The younger offenders,
particularly those under age fourteen, were executed in the
greatest numbers prior to 1900. This is also true of the nine
female juveniles executed, a practice which ended in 1912.\6
White offenders constitute only one-quarter of these
2
rr rr
executed juveniles and only 20% of juveniles executed since
@ 1900.\7 In striking contrast, the victims of these capital
crimes were overwhelmingly white persons, 89% overall and 93%
since 1900.\8 Eighty-one percent of these executions were for
murder and 15% for rape.\9 For the forty-three rape cases, all
of the states were southern, all of the offenders were black, and
all but one of the victims were white.\10
As is the historical pattern for all executions in this
country the southern states predominate in juvenile executions,
accounting for 65% of the total.\1ll Georgia is the single-state
leader with forty-two juvenile executions.\12 Other leading
states are North Carolina and Ohio with nineteen each, and New
York, Texas and Virginia with eighteen each.\13 A total of
thirty-five states and the federal government have executed
@ juveniles for their crimes.\14
TRENDS IN LAW
As of this writing the issue of the constitutionality of the
death penalty for juveniles has never been decided by the United
States Supreme Court, but various facets of the legality of this
practice have been considered by that Court as well as many other
courts and legislatures. A careful reading of these judicial and
legislative considerations reveals an undeniable legal trend away
from the death penalty for juveniles.
Gregg v. Georgia\15 launched the current era by holding that
the death penalty does not violate per se the eighth
amendment.\16 While the juvenile issue was not specifically
@ before the Court in Gregg, the Court endorsed the Georgia
statute's requirement that the jury consider the characteristics
of the offender, including youth.\17 In a companion case to
Gregg, the Court approved of a Texas statute which provided that
the sentencing jury "could further look to the age of the
defendant"\18 in deciding between life imprisonment and the death
sentence.
In 1978 Lockett v. Ohio\19 held that unlimited consideration
of relevant mitigating factors was constitutionally required, in
part because without such a requirement under the Ohio statute
"consideration of defendant's comparatively minor role in the
offense, or age, would generally not be permitted, as such, to
affect the sentencing decision."\20
A few years later the Supreme Court agreed to decide the
specific issue of the constitutionality of the death penalty for
an offense committed when the defendant was only sixteen years
old.\21 In its final holding, however, the Court in Eddings v.
Oklahoma avoided that constitutionality question and instead sent
the case back for resentencing after full consideration of all
relevant mitigating factors per Lockett.\22 On the issue of the
offender's youth the Court held that "the chronological age of a
minor is itself a relevant mitigating factor of great weight."\23
In the six years following Eddings, the Supreme Court has been
asked repeatedly to decide the constitutionality issue but
consistently rejected those requests prior to last year.\24
Finally, on February 23, 1987, the Court granted certiorari in
Thompson v. Oklahoma.\25 Thompson raises two issues, one of
which is the constitutionality of imposing the death penalty on
an offender who was only fifteen years old at the time of his
4
aaa ee
MS
crime. \26 The case was argued on November 9, 1987, and a
@ decision is expected at any time. However, the Court may choose
to decide the case on the narrow, nonconstitutionality issue and
never get to the constitutionality issue, leaving the issue still
unresolved. Pending the determination of the constitutionality
of the death penalty for juveniles the issue is thus left to each
individual jurisdiction. The only constitutional mandate from
the United States Supreme Court is the Eddings holding that the
sentencing judge and jury must give great weight to the youth of
the offender as a mitigating factor.\27
Many lower appellate courts have addressed the
constitutionality of the death penalty for juveniles. A few have
erroneously concluded that Eddings found no constitutional bar to
this practice.\28 This finding, of course, was expressly avoided
by the Supreme Court in Eddings. Another group of cases has
agreed that Eddings did not settle the constitutionality issue
but then went on to decide themselves that no constitutional bar
exists.\29 These cases are not final determinations of the
constitutionality issue and generally have not given sufficient
consideration to the many factors involved.
A third group of cases has confronted the constitutionality
issue and left it undecided.\30 However, these cases have
manifested great reluctance to endorse the death penalty for
juveniles. A fourth group of cases has considered the great
weight to be given the youth of the offender and then found it to
be so compelling that the death penalty must be reversed.\31l
@ The conclusion from all of these cases is that no court has
yet found the death penalty for juveniles to be unconstitutional.
However, if a court were to give thorough consideration to all of
the factors involved in this issue, it seems likely that a
finding of unconstitutionality could be made. \32
Within the fifty states and the District of Columbia the
statutory law divides reasonably well into four major categories.
One category is the fifteen jurisdictions\33 which have no valid
death penalty statutes, obviously excluding the death penalty for
juveniles as well as adults. The seventeen states\34 in the
second grpup have statutes authorizing the death penalty but
those death penalty statutes specifically exclude the death
penalty for juveniles at some age. The minimum ages specified in
these death penalty statutes range from eighteen to sixteen, with
age eighteen being the most commonly used (eleven states). A
third group of ten states\35 authorizes the death penalty for
anyone convicted of certain crimes in adult criminal court but
sets a minimum age for being tried in that court. The minimum
ages for criminal court jurisdiction range from sixteen to ten,
with fourteen being the most common.
Of the nine jurisdictions which do not flatly prohibit the
death penalty for juveniles under a certain age, six\36
nonetheless have expressly delineated the age of the offender as
an important factor to be considered in mitigation of the death
penalty. The three\37 remaining jurisdictions which have not
expressly noted the significance of age in their death penalty
proceedings are still required to consider youthful age as a
mitigating factor of great weight by major Supreme Court
holdings. \38
Early indications of a trend seem to be appearing. State
legislatures and appellate courts are increasingly excluding
juveniles from the death penalty. Specific provisions are
appearing in statutes recently amended by legislatures. Ten
states have established new minimum death penalty ages or raised
former minimum ages in the past seven years.\39 Appellate courts
are finding a variety of reasons to reduce the death penalties of
juveniles without imposing a blanket prohibition on all such
sentences. Thus, state law seems to be moving at an accelerating
pace away from the death penalty for juveniles.
TRENDS IN SENTENCING
In the time period from January 1, 1982, through March l,
1988, sixteen states actually imposed death sentences for crimes
committed while under age eighteen. These juvenile death
sentences were imposed in thirty-nine separate instances upon a
total of thirty-four different offenders. Several of these
offenders received more than one death sentence for the same
crime during this time period, an earlier death sentence having
been reversed and then subsequently reimposed. Nevertheless, on
thirty-nine separate occasions a state trial court decided to
sentence an offender to death for a crime committed while under
the age of eighteen.
As Table 1 indicates, the annual rate of juvenile death
sentences has declined markedly during this period. Eleven such
sentences were imposed in 1982, nine in 1983, six in 1984, four
in 1985, seven in 1986, two in 1987, and none so far in 1988.
While the annual rate of juvenile death sentences has declined
markedly, the number of adult death sentences has remained fairly
7
constant at a rate of 250 to 300 each year.\40
Thirteen (38%) of the thirty-four juvenile offenders
sentenced to death during this time period have already had their
death sentences reversed in a manner having significant long-term
effects. Over a longer period the sentence reversal rate for
juvenile death penalty cases is well over fifty percent. Note
particularly in Table 1 that the most recent calendar year, 1987,
had two juvenile death sentences imposed, six juvenile death
sentences reversed, and no juvenile death sentences resulting in
an execution. The net effect was to reduce the number of persons
under juvenile death sentences from thirty-three at the beginning
of 1987 to twenty-nine at the end of 1987 (see Table 4 and
accompanying text).
REKKEKEKEKEKEKEKEKKKKKKKKKKKKKKKKKKKKKKRKKKKKKKKKKKK KKK RK
Table 1
Death Sentences for Juvenile Offenders,
January 1, 1982, Through March 1, 1988
Age at
Year Offender's Name Crime Race State Current Status
1982 Barrow, Lee Roy\4l 17 W TX reversed in 1985
Cannon, Joseph J.\42 17 W TX now on death row
Carter, Robert A.\43 17 B TX now on death row
Garrett, Johnny F.\44 17 W TX now on death row
Johnson, Lawrence\45 17 B MD reversed twice but
resentenced to death
in 1983 and 1984
Lashley, Frederick\46 17 B MO now on death row
Legare, Andrew\47 17 W GA reversed in 1983 but
resentenced to death
in 1984
Stanford, Kevin\48 17 B KY now on death row
Stokes, Freddie\49 17 B NC reversed in 1982 but
resentenced to death
in 1983; reversed in
1987
Thompson, Jay\50 17 W IN reversed in 1986
Trimble, James\51 17 W MD now on death row
[continued next page]
8
[Table 1, continued]
1983 Bey, Marko\52 17 B NJ now on death row
Cannaday, Attina\53 16 W MS reversed in 1984
Harris, Curtis P.\54 17 B TX reversed in 1986
Harvey, Frederick\55 16 B NV reversed in 1984
Hughes, Kevin\56 16 B PA now on death row
Johnson, Lawrence\57 17 B MD reversed in 1983 but
resentenced to death
in 1984
Lynn, Frederick\58 16 B AL reversed in 1985 but
resentenced to death
in 1986
Mhoon, James\59 16 B MS reversed in 1985
Stokes, Freddie\60 17 B NC reversed in 1987
1984 Aulisio, Joseph\61l 15 W PA reversed in 1987
Brown, Leon\62 15 B NC now on death row
Johnson, Lawrence\63 17 B MD now on death row
Legare, Andrew\64 17 W GA reversed in 1986
Patton, Keith\65 17 B IN reversed in 1987
Thompson, Wayne\66 15 W OK now on death row
1985 Livingston, Jesse\67 17 B FL now on death row
Morgan, James\68 16 W FL now on death row
Ward, Ronald\69 15 B AR reversed in 1987
Williams, Raymond\70 17 B PA reversed in 1987
1986 Comeaux, Adam\71 17 B LA reversed in 1987
Cooper, Paula R.\72 15 B IN now on death row
LeCroy, Cleo D.\73 17 W FL now on death row
Lynn, Frederick\74 16 B AL now on death row
Sellers, Sean\75 16 W OK now on death row
Wilkins, Heath\76 16 W MO now on death row
Williams, Alex.\77 17 B GA now on death row
1987 Dugar, Troy\78 15 B LA now on death row
Lamb, Wilbur\79 17 W FL now on death row
1988 [none as of March 1, 1988]
KREEKKKEKKKEKREKKEKEKREKKEKREKEKEKEEREKEKKRKREKEKKKKK KKK RRR KK
During this 1982-1988 time period, thirty-six states had
apparently valid death penalty statutes.\80 Thirty of these
states permited imposition of the death penalty for crimes
committed while under the age of eighteen. As Table 2 displays,
barely over half (sixteen states) actually imposed such a
sentence. These sixteen states represented a broad spectrum of
the United States, ranging from New Jersey to Texas and Florida.
9
HREKEKKKEEKEKKEKKKKKEKREKKKKKKKKREKKK KKK RR RR KK
Table 2
|
_ Characteristics of Offenders in Death Sentences
for Juvenile Offenders, January 1, 1982, to March 1, 1988
Race of Sex of
Region Number of Number of Age at Crime Offender Offender
& State Sentences* Offenders* 15 16 17 B W M F
Northeast
NJ 1 1 0 0 1 1 0 1 0
PA 3 3 1 1 1 2 1 3 0
N.E. Totals 4 4 1 1 2 3 1 4 0
North Central
IN 3 3 1 0 2 2 1 2 1
MO 2 2 0 1 1 1 1 2 0
N.C. Totals 5 5 1 1 3 3 2 4 1
South
AL 2 1 0 2 0 2 0 2 0
AR 1 1 1 0 0 1 0 1 0
FL 4 4 0 1 3 1 3 4 0
GA 3 2 0 0 3 1 2 3 0
LA 2 2 1 0 1 2 0 2 0
KY 1 1 0 0 1 1 0 1 0
MD 4 2 0 0 4 3 1 4 0
MS 2 2 0 2 0 1 1 1 1
NC 3 2 1 0 2 3 0 3 0
OK 2 2 1 1 0 0 2 2 0
TX 5 5 0 0 5 2 3 5 0
So. Totals 29 24 4 6 19 17 12 28 1
West
NV 1 1 0 1 0 1 0 1 0
West Totals 1 1 @) 1 0 1 0 1 0
GRAND TOTALS 39 34%** 6 9 24 24 15 37 2
* Five cases involve resentencing of the offender to death after
reversal of a previous death senence.
** Eight additional juveniles on death row as of March 1, 1988,
were sentenced prior to 1982.
REKEKKEKKEKKKKKKKKKKKKKKKKKKKKKK KKK KKK RR RK RK
The states in the south region dominated this juvenile death
sentencing practice as they did in adult death sentencing.
10
Almost three-quarters (29/39 or 74%) of the juvenile death
sentences were imposed in the south, and eleven (69%) of the
sixteen states which imposed juvenile death sentences were in the
south. Texas is the leader with five sentences but all five
offenders were seventeen at the time of their crimes. Texas law
establishes age seventeen as the juvenile court cutoff and as the
minimum age at crime for the death penalty.\81 Other states with
several juvenile death sentences are Florida and Maryland with
four each, and Georgia, Indiana, North Carolina and Pennsylvania
with three each.
Of the thirty-nine juvenile death sentences imposed, six
(15%) were for crimes committed while only age fifteen. These
exceptionally youthful offenders were sentenced across’ the
country, including Arkansas, Indiana, Louisiana, North Carolina,
Oklahoma and Pennsylvania. Perhaps surprisingly, all of these
death sentences for crimes committed at age fifteen have been
imposed in the past three years. Nine death sentences were
imposed for crimes committed while age sixteen, but almost two-
thirds (24/39 or 62%) of the offenders were seventeen at the time
of their crimes.
The race of the offenders is somewhat surprising, with
twenty-four (62%) being black and fifteen (38%) being white. The
apparent over-representation of blacks is not due to the
sentences in the south, where 59% (17/29) were black. Outside of
the south region, 70% (7/10) were black. Death sentences for
female juvenile offenders were quite rare, comprising only two
(5%) of the thirty-nine sentences. They occurred in Indiana and
11
Mississippi, and the girls were ages fifteen and sixteen,
respectively, at the times of their crimes.
Table 3 presents the characteristics of the homicide victims
in these thirty-nine juvenile death sentences. Seven of the
sentences involved multiple victims, and the total number of
victims involved is forty-nine. Three of the cases (Ward in
Arkansas, Mhoon in Mississippi and Sellers in Oklahoma) involved
three victims each. Note that 82% (32/39) of the juvenile death
sentences were imposed for crimes involving a single victim.
Overall, 83% (38/46) of the victims were white, excluding
the three victims for whom the race is unknown. All multiple
victim cases involved only white victims. The region of the
country involved seems to be important as to race of the victims.
In the south region, 89% (32/36) of the victims were white. For
cases outside of the south, only 60% (6/10) of the victims were
white. Even given this difference by region of the country, the
nation-wide over-representation of whites among the victims
cannot be ignored.
Data concerning the sex of the victims reveal another
imbalance. Of the forty-nine victims nationwide, twenty-eight
(57%) were female. Here the southern states are not the cause of
the imbalance, since the victims were female in twenty-one of
thirty-seven (57%) instances. Outside of the south, 58% (7/12)
of the victims were female.
12
ReKKRKKRKKKKKRKRKR KAKA RRR KI:
Table 3
Characteristics of Victims in Death Sentences
for Juvenile Offenders, January 1, 1982, to March 1, 1988
Region Number of Number of Race of Victim Sex of Victim
& State Sentences Victims B H W UNK M F
Northeast
NJ 1 1 1 0 0 0 0 1
PA 3 4 1 0 2 1 2 2
N.E. Totals 4 5 2 0 2 1 2 3
North Central
IN 3 4 1 0 3 0 2 2
MO 2 2 1 0 1 0 0 2
N.C. Totals 5 6 2 0 4 0 2 4
South
AL 2 2 0 0 2 0 0 2
AR 1 3 0 0 3 0 1 2
FL 4 5 0 0 4 1 2 3
GA 3 3 2 0 1 0 2 1
KY 1 1 0 0 1 0 0 1
LA 2 3 0 0 3 0 1 2
MD 4 4 0 0 4 0 .@) 4
MS 2 4 0 0 4 0 3 1
NC 3 3 1 0 2 0 2 1
OK 2 4 0 0 4 0 3 1
TX 5 5 0 1 4 0 2 3
So. Totals 29 37 3 1 32 1 16 21
West
NV 1 1 0 0 0 1 1 0
West Totals 1 1 0 0 0 1 1 0
GRAND TOTALS 39 49 7 1 38 3 21 28
REKKEKKKEKEKEKEKKKEKEEKERERKEKEKREKEKEKEKKKKKKKKRKKKKK KKK KKK RRR
In summary, the thirty-nine juvenile death sentences during
this 1982-1988 period fit a rough pattern. The sentences were
imposed primarily in the earlier years but in a wide variety of
states. The offenders were likely to have been black males who
were age seventeen at the time of their crimes. They almost
always killed a single victim, typically a white female.
13
‘
TRENDS IN JUVENILE DEATH ROW POPULATION
Of the thirty-nine juvenile death sentences described in the
preceeding section, plus perhaps fifty or more imposed between
1972 and 1982, only twenty-nine persons remain on death row for
crimes committed while under age eighteen. Fourteen states are
now holding such persons and apparently are ready, willing and
able to execute then.
During the time period from January 1, 1982, through March
1, 1988, the total death row population in the United States grew
from 860 persons to approximately 2,000 persons.\82 This is an
increase of 133% in just over six years and has resulted in the
greatest number of persons on death row in United States history.
At the end of this same period the number of persons on death row
for crimes committed while under age eighteen was twenty-nine,
approximately the same as at the beginning of the period,
although it ranged as high as the mid-thirties during the period.
Table 4 presents some basic information about the twenty-nine
persons under a juvenile death sentence as of March 1, 1988.
The original death sentencing date for these twenty-nine
persons ranges over twelve years, from March 19, 1975, for Larry
Jones in Mississippi to May 1, 1987, for Troy Dugar in Louisiana.
Their ages as of March 1, 1988, range from thirty (Jones) to
sixteen (Dugar). Twenty-four (83%) of these twenty-nine persons
have been sentenced to death only once for their crimes as
juveniles. However, three of them have received two such death
sentences and two have received three such death sentences. All
were instances of being sentenced to death originally, having
14
that sentence reversed on appeal, and then being sentenced to
death again at a subsequent trial court sentencing hearing.
HREKKEEKKKEKKEKKEKKEKEKKEKKKKEKKRKRKKK KKK KK RR
Table 4
Juveniles on Death Row as of March 1, 1988
Alabama
Davis, Timothy: White male; 17 at crime and now age 26;
robbery of store and rape and murder of white female age 60 in
Coosa County in 1978; sentenced 7-28-80.\83
Lynn, Frederick: Black male; 16 at crime and now age 23;
burglary and murder of elderly white female in Eufaula on 2-5-
81; sentenced on 5-31-83 and 4-9-86.\84
Florida
Lamb, William Aaron: White male; 17 at crime and now age 19;
robbery and murder of male age 69 in West Melbourne on 1-20-86;
sentenced on 2-25-87.\85
LeCroy, Cleo Douglas: White male; 17 at crime and now age 24;
robbery and murder of white male adult and white female adult
in Palm Beach County on 1-14-81; sentenced on 10-1-86.\86
Livingston, Jesse James: Black male; 17 at crime and now age 20
(DOB: 6-20-67); robbery of store and murder of white female
age 50 in Perry in February 1985; sentenced on 10-23-85.\87
Morgan, James A.: White male; 16 at crime and now age 27; rape
and murder of white female age 66 in Martin County on 6-6-76;
sentenced on 12-30-77, 12-7-81 and 6-7-85.\88
Georgia
Burger, Christopher: White male; 17 at crime and now age 28
(DOB: Jan 1960); robbery and murder of white male cab driver
in Wayne County on 9-4-77; sentenced 1-25-78 and 7-17-79.\89
Buttrum, Janice: White female; 17 at crime and now age 25 (DOB:
1-17-63); rape and murder with husband of white female age 19
in Dalton on 9-3-80; sentenced on 8-31-81.\90
High, Jose Martinez: Black male; 16 at crime and now age 28
(DOB: 8-16-59); kidnap and murder of white male age 11 in
Crawfordville on 7-26-76; sentenced on 12-1-78.\91
Williams, Alexander, IV: Black male; 17 at crime and now age 19;
rape and murder of white female age 16 in Richmond County on
3-4-86; sentenced on 8-29-86.\92
[Continued on next page]
15
[Table 4, continued]
Indiana
Cooper, Paula R.: Black female; 15 at crime and now age 18 (DOB:
8-25-69); robbery and murder of white female age 78 in Gary on
5-14-85; sentenced on 7-11-86.\93
Kentucky
Stanford, Kevin: Black male; 17 at crime and now age 24; rape
and murder of white female age 20 in Louisville on 1-7-81;
sentenced on 9-28-82.\94
Louisiana
Dugar, Troy: Black male; 15 at crime and now age 16 (DOB: 5-1-
71); robbery and murder of white male in Calcasio Parish on
10-26-86; sentenced on 5-1-87.\95
Prejean, Dalton: Black male; 17 at crime and now age 28 (DOB:
Dec. 1959); murder of white male police officer in Lafayette
Parish on 7-2-77; sentenced on 5-3-78.\96
Maryland
Johnson, Lawrence: Black male; 17 at crime and now age 26;
robbery and murder of white female age 78 in Baltimore on 1-9-
79; sentenced on 10-6-82, 7-29-83 and 2-17-84.\97
Trimble, James Russell: White male; 17 at crime and now age 24
(DOB: 11-5-63); rape and murder of white female age 22 in
Baltimore on 7-3-81; sentenced on 3-19-82.\98
Mississippi
Jones, Larry: Black male; 17 at crime and now age 30; robbery of
store and murder of white male age 75 in Harrison County on
12-2-74; sentenced on 3-19-75 and 12-15-77.\99
Tokman, George David: White male; 17 at crime and now age 24;
robbery and murder of black male age 65 in Hinds County on 8-
24-80; sentenced on 9-10-81.\100
Missouri
Lashley, Frederick: Black male; 17 at crime and now age 23 (DOB:
3-10-64); robbery and murder of foster mother, black female
age 55, in St. Louis on 4-9-81; sentenced on 4-26-82.\101
Wilkins, Heath A.: White male; 16 at crime and now age 18;
robbery of store and murder of white female age 26 near North
Kansas City on 7-27-85; sentenced on 6-27-86.\102
[continued next page]
16
[Table 4, continued]
New Jersey
Bey, Marko: Black male; 17 at crime and now age 22 (DOB: 4-11-
65); rape and murder of black female age 19 in Monmouth County
on 4-1-83; sentenced on 9-15-83.\103
North Carolina
Brown, Leon: Black male; 15 at crime and now age 20 (DOB: 12-
24-67); rape and murder of black female age 11 in Robeson
County on 9-21-83; sentenced on 10-26-84.\104
Oklahoma
Sellers, Sean Richard: White male; 16 at crime and now age 18
(DOB: 5-18-69); murder of white male age 35 in Oklahoma City
on 9-8-85 and murder of mother (age 32) and step-father (age
43) in Oklahoma City on 3-5-86; sentenced on 10-2-86.\105
Thompson, William Wayne: White male; 15 at crime and now age 20;
kidnap and murder of white male adult in Grady County in 1983;
sentenced on 1-6-84.\106
Pennsylvania
Hughes, Kevin: Black male; 16 at crime and now age 24; rape and
murder of black female age 9 in Philadelphia in 1979;
sentenced on 10-27-83.\107
Texas
Cannon, Joseph John: White male; 17 at crime and now age 27;
robbery and murder of adult white female in Bexar County on 9-
30-77; sentenced on 2-22-82.\108
Carter, Robert Anthony: Black male; 17 at crime and now age 23;
robbery of store and murder of teenage Hispanic female on 6-
24-81; sentenced on 3-10-82.\109
Garrett, Johnny Frank: White male; 17 at crime and now age 23;
rape and murder of white female nun age 76 in Amarillo convent
on 10-31-81; sentenced on 9-2-82.\110
Graham, Gary L.: Black male; 17 at crime and now age 23; robbery
of store and murder of black male adult in Houston on 5-13-81;
sentenced on 10-26-81.\111
RREKKKEKKKKKKKKKKKKKKKKKKKKKKK KKK KKK KKK a RR RK
Only two of these twenty-nine persons are under a_ sentence
of death for a murder unconnected to another major felony. One
is Dalton Prejean in Louisiana, who murdered a _ state police
17
officer in 1977.\112 The other is Sean Sellers, who murdered
three persons in 1985 and 1986.\113 The other twenty-seven
persons committed their homicides in connection with another
crime. Most commonly the other crime was robbery, involved in
fourteen of the cases, or rape, involved in ten of the cases. In
addition were two cases involving kidnapping and one case
involving burglary. Overall, in 93% (27/29) of the cases the
capital homicide was proven by the state through a felony-murder
prosecution, involving proof of the seriousness of the homicide
at least in part through proof of its connection with another
serious felony.
The characteristics of these twenty-nine persons currently
under a juvenile death sentence are presented in Table 5.
Twenty-four (83%) of them received their death sentences from
states in the south region. However, a broad spectrum of
jurisdictions currently have such persons on death row, ranging
from the northeast to the midwest to the deep. south. Florida,
Georgia and Texas have the greatest number with four. each.
However, the four under a juvenile death sentence in Texas
comprise less than 2% (4/257) of the total death row population
in that state.\114 In terms of proportion, Georgia is the leader
with its four persons under a juvenile death sentence comprising
4% (4/107) of its total death row population. \115 Nationwide,
persons under a juvenile death sentence account for less than 2%
(29/2,000) of the total death row population. \116
The ages of the offenders at the times of their crimes range
from fifteen to seventeen. The fifteen-year-olds are only four
18
in number and only 14% of the total. They are under sentences of
death in Indiana, Louisiana, North Carolina and Oklahoma. Six
(21%) were sixteen at the time of their crimes and the other
nineteen (66%) were seventeen.
HREKEKEKEKEKEKEKEEKEKKEKKKKKKKKKKKKKKKKKKKKKK KKK RRR KKK
Table 5
Characteristics of Offenders for
Juveniles on Death Row as of March 1, 1988
Race of Sex of
Region Number of Age at Crime Offender Offender
& State Offenders 15 16 17 B W M F
Northeast
NJ 1 0 0 1 1 0 1 0
PA 1 0 1 0 1 0 1 0
N.E. Totals 2 0 1 1 2 0 2 0
North Central
IN 1 1 0 0 1 0 0 1
MO 2 0 1 1 1 1 2 0
N.C. Totals 3 1 1 1 2 1 2 1
South
AL 2 0 1 1 1 1 2 0
FL 4 0 1 3 1 3 4 0
GA 4 0 1 3 2 2 3 1
KY 1 0 0 1 1 0 1 0
LA 2 1 0 1 2 0 2 0
MD 2 0 0 2 1 1 2 0
MS 2 0 0 2 1 1 2 0
NC 1 1 0 0 1 0 1 0
OK 2 1 1 0 0 2 2 0
TX 4 .@) 0 4 2 2 4 0
So. Totals 24 3 4 17 12 12 23 1
West Totals 0 0 0 0 0 0 0 0
GRAND TOTALS 29 4 6 19 16 13 27 2
HHEKKKKKKKKKKKKKKKKKKKKKKKKKKKKKEKKKKKKK KKK KKK KKK RRR KKK
Black offenders are 52% (15/29) of the total. Compare this
to the total death row population, of which only 41% are
black. \117 This over-representation of blacks among those under
juvenile death sentences is due to regions other than the south.
In the south, 50% (12/24) are black; outside of the south, 80%
(4/5) are black. The sex of these offenders is overwhelmingly
male (27/29 or 93%). One female (Janice Buttrum) is in Georgia
and one (Paula Cooper) is in Indiana.
There were a total of thirty-two homicide victims of these
twenty-nine offenders. Their characteristics are presented in
Table 6. Only two cases involved multiple victims; twenty-seven
cases (93%) involved only one victim. The multiple victim cases
are in Florida (Cleo LeCroy) and Missouri (Sean Sellers). Of the
thirty-one homicide victims for whom race is known, twenty-four
(77%) were white. The region of the country appears to be a
factor in this over-representation of whites among the victims,
since 84% (22/26) of the southern victims were white. Outside of
the south, only 40% (2/5) were white.
The sex of the victim was female in 56% (18/32) of the cases
overall. The south region was not the major cause of this over-
representation of female victims, since only 48% (13/27) of the
southern victims were female. In cases outside of the south
region, 100% (5/5) of the victims were female.
20
KERR RIK
Table 6
Characteristics of Victims for
Juveniles on Death Row as of March 1, 1988
Region Number of Number of Race of Victim Sex of Victim
& State Offenders Victims B H W UNK M F
Northeast
NJ 1 1 1 @) 0 0 0 1
PA 1 1 1 0 0 0 0 1
N.E. Totals 2 2 2 0 0 0 0 2
North Central
IN 1 1 0 0 1 0 0 1
MO 2 2 1 0 1 0 0 2
N.C. Totals 3 3 1 0 2 0 0 3
South
AL 2 2 0 0 2 0 0 2
FL 4 5 0 0 4 1 2 3
GA 4 4 0 0 4 0 2 2
KY 1 1 0 '@) 1 0 @) 1
LA 2 2 0 @) 2 0 2 0
MD 2 2 0 0 2 0 2 0
MS 2 2 1 0 1 0 2 0
NC 1 1 1 0 0 0 0 1
OK 2 4 0 0 4 0 3 1
TX 4 4 1 1 2 0 1 3
So. Totals 24 27 3 1 22 1 14 13
West Totals 0 0 0 0 0 0 0 0
GRAND TOTALS 29 32 6 1 24 1 14 18
REEKKKEKKEKKKEKKKKKKKKKKKKKKKKKKKKKKK KKK KKK KKK KK
In summary, the twenty-nine persons now under a juvenile
death sentence are alike in some ways but quite different in
others. While all were fifteen to seventeen at the time of their
crimes, those crimes were commited from 1974 through 1986 and the
ages of the offenders now range from sixteen to thirty. They have
been under sentences of death from less than one year to almost
thirteen years. The typical person now under a juvenile death
sentence is a black male age seventeen at the time of his crime.
21
He was sentenced to death in the south for a murder connected to
robbery or rape. He had only one victim, a white female. And,
since he has been on death row over five years, his time is
running out.
ILLUSTRATIVE CASES
A few of these twenty-nine persons now under juvenile death
sentences represent extremes and thus are of particular interest.
No attempt is made to describe in detail any or all of the cases
but some are just too interesting to leave to brief data entries
in the forgoing tables. Taken as a group, the following six
cases touch most of the dimensions of cases involving the death
penalty for juveniles:
Troy Dugar: Youngest Juvenile on Death Row\118
Born on May 1, 1971, Troy Dugar is now sixteen-years-old and
as such is the youngest person under a sentence of death in the
United States. Dugar's last birthday, his sixteenth, was
particularly memorable, as sixteenth birthdays tend to be. The
unique twist of Dugar's was that on that very day he found
himself in criminal court being sentenced to death.
Dugar had been a bright child but was raised in a home with
unusual values. Introduced to alcohol by his parents at an early
age, Dugar was in an alcoholic rehabilitation center by the age
of eleven. By age fifteen he was mentally disturbed and
suicidal.
On October 26, 1986, Dugar, at age fifteen and a half,
kidnapped a white male in Calcasio Parish in far western
Louisiana. Dugar and another juvenile drove around with the
22
victim for some time and then Dugar shot and killed the victin.
The fifteen-year-old Dugar was tried quickly and convicted
of murder. The sentencing stage of his capital case followed
without delay and reached culmination on May 1, 1987. On that
day, Dugar's sixteenth birthday, the trial judge sentenced Dugar
to die. In the ten months since that date about 250 adult death
sentences have been imposed but no juvenile death sentences. It
is much to early to conclude, but Dugar's juvenile death sentence
may be the last instance of this practice in this country.
Meanwhile, Dugar's attorneys continue to seek reversal of his
death sentence, and the sixteen-year-old death row inmate waits.
Paula Cooper: Youngest Female on Death Row\119
Indiana's Paula Cooper, also only fifteen when she committed
her capital crime, is only two years older than Troy Dugar. Like
Dugar, Cooper was raised by her parents in a most unfortunate
homelife. Her father physically abused Cooper, her sister and
her mother over a period of years, causing Cooper to be a chronic
runaway. When Cooper was only eleven, her mother unsuccessfully
tried to commit suicide and to take her daughters with her.
On May 14, 1985, Cooper and three of her girlfriends from
school went to the home of a neighbor, a _ seventy-eight-year-old
white woman, gaining entrance on the pretense of wanting Bible
lessons. As they ransacked her house for things to steal, they
stabbed the victim to death. The girls took the victim's car and
drove around for a day or two until arrested by the police.
The other three girls each received long prison sentences
for their part in the crime. Cooper, seen as the most centrally
involved, followed her attorney's advice and pleaded guilty,
23
throwing herself on the mercy of the court. That court was
presided over by a black judge who had never before imposed the
death penalty upon any offender. Cooper was to be his first, as
he sentenced her to death on July 11, 1986. No trial had ever
been conducted, no jury had ever considered Cooper's case.
Cooper turned sixteen in a Gary jail waiting to see what
would become of her. On August 25, 1987, she celebrated her
eighteenth birthday, sentenced to die in Indiana's electric chair
but hoping the appellate courts, the governor, or someone, will
intervene on her behalf.
Larry Jones: Oldest and Longest on Death Row\120
On the evening of December 2, 1974, a store in Biloxi,
Mississippi, was robbed by three black men. During the robbery
the owner, a white male in his seventies, was beaten to death.
One of the perpetrators, Larry Jones, was only seventeen years
old at the time. He and his co-felons were arrested soon after
the crime.
Jones was brought to trial three months later for his part
in the crime. Convicted of murder, he was sentenced to death on
March 19, 1975. That conviction and resulting death sentence
were reversed by the Supreme Court of Mississippi on February 9,
1977.\121 Undaunted, the state brought Jones to trial again,
reconvicted him, and, on December 15, 1977, resentenced him to
death.
Jones fought this second death sentence through the state
and federal courts without success until September 17, 1984. On
that date the United States Court of Appeals for the Fifth
24
Circuit ordered that Jones! death sentence be reversed and that
he be resentenced to a penalty less than death.\122 His relief
following that decision lasted for a year and one-half. On
February 24, 1986, the United States Supreme Court vacated that
Fifth Circuit ruling and reinstated Jones' death penalty.\123
During this roller-coaster ride through the legal systen,
over thirteen years have passed since the crime and Jones is now
thirty years old. He has resided on death row for almost
thirteen years for a crime committed when he was a juvenile.
James A. Morgan: Sentenced to Death Three Times\124
As is true for two other persons now under a juvenile death
sentence, James Morgan has been sentenced to death three
successive times for a crime he committed while a juvenile. On
June 6, 1976, in Martin County, Florida, Morgan raped, beat and
stabbed to death a sixty-six-year-old white woman. Morgan was a
white illiterate sixteen-year-old with an IQ of 80 and minor
brain damage from sniffing gasoline fumes.
Morgan's insanity plea was unsuccessful at trial. He was
convicted and sentenced to death the first time on December 20,
1977. After Morgan had spent over three years on death row, the
Florida Supreme Court reversed this death sentence on January 15,
1981.\125 He was resentenced to death eleven months later, on
December 7, 1981. This death sentence lasted two and one-half
years, being reversed on July 12, 1984.\126 A third sentencing
hearing was convened, and he was again sentenced to death on June
7, 1985.
Again under appeal, this death sentence seems likely to be his
last. Morgan has’ spent the past decade being bounced around
25
between the sentencing courts and the appellate courts. Almost
eleven years after his crime as a brain-damaged sixteen-year-old,
he is now twenty-seven years of age and one of 277 persons on
Florida's death row.\127
Jose Martinez High: "Are you ready to die?"\128
Jose Martinez High is listed as black but, with his Hispanic
given names, he is apparently partly Hispanic. If so, he is the
only Hispanic now under a juvenile death sentence. At the time
of his crime, July 26, 1976, he appeared fiercely proud of his
black heritage, bragging that "he wanted to be the most famous
black ringleader in the world."\129
His crime was robbing and kidnaping two persons and killing
one of then. The homicide victim was a white boy only eleven-
years-old. High was convicted and sentenced to death on December
1, 1978.
In High's case the sentencing and appellate courts gave
particular significance to High's taunting of the helpless young
victin. As High and his cofelons drove to the rural area of
execution, High repeatedly asked the terrified boy as they rode:
"tare you ready to die? Do you want to die? Well, you're going
to die.'"\130 This action by High was deemed to "support a
finding of depravity of the mind of the defendant."\131
High's taunting "Are you ready to die?" threats lasted no
more than an hour at most. Since December 1, 1978, a period of
over nine years, the State of Georgia has subjected High to the
same threats. More years will pass before Georgia actually
executes High, if it ever does. Perhaps a similar depravity of
26
the mind could be assumed for a criminal justice process that
impliedly asks every day for a decade or more: Are you ready to
die? Do you want to die? Well, you're going to die!
Heath A. Wilkins: "I prefer the death penalty"\132
Heath Wilkins is a white male who was only sixteen years old
when he robbed a liquor store in Avondale, Missouri, on July 27,
1985. Apparently wanting to leave no witnesses to his crime, he
repeatedly stabbed the clerk, a twenty-six-year-old female. Once
caught and facing a capital murder prosecution, Wilkins decided
to fire the public defender appointed to represent him, to
represent himself and to confess everything.
Wilkins pleaded guilty in May, 1986, and represented himself
at a sentencing hearing the next month. At the sentencing
hearing he agreed fully with the prosecutor's evidence of
aggravating factors in the crime. When asked by the judge which
sentence he preferred, Wilkins was unequivocal: "I prefer the
death penalty. One I fear, and one I don't."\133
Despite Wilkins' aggressive effort to receive the death
penalty and his determination to block appeals on his behalf, the
Missouri Supreme Court will undoubtedly review the case before
Wilkins can be executed. If he continues to aggressively assist
the state and to sabotage appellate efforts, he could receive the
penalty "he prefers" by age twenty rather than the typical mid-
twenties of most recipients of juvenile death penalty executions.
CONCLUSIONS
The practice of sentencing persons to death for crimes
committed while under the age of eighteen is a fading era of
American criminal justice. In a time period of unprecedented
27
popularity of the death penalty and of 300 adult death sentences
imposed each year, juvenile death sentences are extremely rare.
As of the late 1980s, the annual juvenile death sentencing rate
is less than 1% of the total death sentencing rate.
Of the approximately 2,000 persons on death row as of March
1, 1988, only twenty-nine are under juvenile death sentences.
While only 41% of the total death row population is black, 52% of
those under a juvenile death sentence are black. For juveniles
and adults alike, almost all persons under a death sentence are
male and poor.
Most (15/29) persons under a juvenile death sentence
received their original sentence over five years ago. Two have
been on death row over a decade. Many of these multi-year death
row inmates are nearing the end of their ability to stave off
execution. The average time between sentence and execution for
the three juveniles executed in 1985-1986 was just over seven
years.\134 Executions in the near future of a few of these
persons now under a juvenile death sentence seems very likely.
When these next few juvenile executions occur, some
observers may interpret them as a recommitment to the death
penalty for juveniles. However, absent unexpected developments,
it seems clear that the trend is clearly away from legal
authorization of juvenile death sentences and away from actual
sentencing of persons to death for juvenile crimes. Those
persons currently under a juvenile death sentence are simply the
last examples of a fading practice. Their executions will be the
final death throes of a three and one-half century American
28
.
practice and not a rededication to that practice. Indeed, their
® executions will fuel the current trend by providing a national
and international focus upon the death penalty for juveniles,
reminding us of the need to put an end to that scandalous era of
American criminal justice.
29
, ENDNOTES
1. V. STREIB, DEATH PENALTY FOR JUVENILES (1987) reports 281
juvenile executions. Continuing research since publication of
that book has verified one additional juvenile execution: Jesse
Williams, black male, 17 at crime and at execution, murder of
black male adult, hanged in Savannah, Ga., on Jan. 16, 1882.
2. S&S. DAVIS, THE RIGHTS OF JUVENILES App. B (2d ed. release #6,
June 1986).
3. V. STREIB, Supra note l.
4. Id. at 127-29, and N.Y. Times, May 16, 1986, at 1l, col. l.
5. James Arcene, executed by federal authorities in Little
@ Roack, Arkansas, on June 26, 1885. G. SHIRLEY, LAW WEST OF FORT
SMITH 218 (1968); and Daily Arkansas Gazette (Little Rock), June
27, 1885, at 3, col. l.
6. Streib, Females Executed for Crimes Committed While Under Age
Eighteen (Oct. 1, 1985) (unpublished report available from
author).
7. .\V. STREIB, supra note 1, at 59.
8. Id. at 61.
9. Id. at 62-63.
10. Id. at 61-62.
© ll. Id. at 64.
30
12. Id. at 63-64, and supra note l.
13. Id. at 63-64.
14. Id.
15. 428 U.S. 153 (1976).
16. Id. at 169 (Stewart, J., plurality opinion) and at 226
(White, J., concurring).
17. Id. at 197 (Stewart, J., plurality opinion).
18. Jurek v. Texas, 428 U.S. 262, 273 (Stewart, J., plurality
opinion) (quoting with approval Jurek v. Texas, 522 S.W.2d 934,
940 (Tex. Cr. App. 1975)).
19. 438 U.S. 536 (1978).
20. Id. at 608.
21. Eddings v. Oklahoma, 455 U.S. 104 (1982), cert. granted, 450
‘U.S. 1040 (1981).
22. Id. at 117.
23. Id. at 116.
24. See, e.g., Roach v. Martin, 757 F.2d 1463 (4th Cir. 1985),
cert. denied, 106 S.Ct. 645 (1986); Trimble v. State, 300 Md.
387, 478 A.2d 1143 (Md. 1983), cert. denied, 105 S.Ct. 1231
(1985); Cannaday v. State, 455 So.2d 713 (Miss. 1984), cert.
denied, 105 S.Ct. 1209 (1985); High v. Zant, 250 Ga. 693, 300
31
S.E.2d 654 (1983),cert. denied, 104 S.Ct. 2669 (1984); and Tokman
v. State, 435 So.2d 664 (Miss. 1983), cert. denied. 104 S.Ct.
3574 (1984).
25. 724 P.2ad 780 (Okla. Crim. App. 1986), cert. granted, 107
S.Ct. 1281 (1987).
27. Eddings v. Oklahoma, 455 U.S. at 116.
28. See, e.g., State v. Battle, 661 S.W.2d 487 (Mo. 1983) (en
banc), cert. denied, 104 S.Ct. 2325 (1984).
29. See, e.g., Trimble v. State, 300 Md. 387, 478 A.2d 1143
(1984).
30. See, e.g. Cannaday v. State, 455 So.2d 713 (Miss. 1984).
31. See, e.g., State v. Valencia, 132 Ariz. 248, 645 P.2d 239
(1982).
32. See Streib, "The Eighth Amendment and Capital Punishment for
Juveniles," 34 CLEVE. ST. L. REV. 363 (1986).
33. Alaska, District of Columbia, Hawaii, Iowa, Kansas, Maine,
Massachusetts, Michigan, Minnesota, New York, North Dakota, Rhode
Island, Vermont, West Virginia and Wisconsin.
34. California (Cal. Penal Code sec. 190.5 (West Supp. 1985));
Colorado (Col. Rev. Stat. sec. 16-11-103(1) (a) (1985));
Connecticut (Conn. Gen. Stat. Ann. sec. 53a-46a(h) (1985));
Georgia (Ga. Code Ann. sec. 17-9-3 (1982)); Illinois (Ill. Ann.
32
Stat. ch. 38, sec. 9-1(b) (Smith-Hurd Supp. 1985)); Kentucky (Ky.
Rev. Stat. Ann. sec. 640.040 (1986))? Maryland (Md. Code art. 27,
sec. 412(d) (1987)); Nebraska (Nebr. Rev. Stat. sec. 28-105.01
(Supp. 1984)); Nevada (Nev. Rev. Stat. sec. 176.025 (1979)); New
Hampshire (N.H. Rev. Stat. Ann. sec. 630:5(1x) (1986)); New
Jersey (N.J. Stat. Ann. sec. 2C: 11-3f (West 1986)); New Mexico
(N.M. Stat. Ann. sec. 31-18-14(A) (Repl. 1979)); North Carolina
(N.C. Gen. Stat. sec. 14-17 (1987)); Ohio (Ohio Rev. Code Ann.
sec. 2929.02(E) (Page 1984)); Oregon (Ore. Rev. Stat. 161.615
(1985)); Tennessee (Tenn. Code Ann. sec. 37-1-134(1) (1984)); and
Texas (Tex. Penal Code Ann. sec. 8.07(d) (Vernon Supp. 1985)).
35. Alabama (Ala. Code sec. 12-15-34(a) (1977)); Arkansas (Ark.
Stat. Ann. sec. 41-617(2) (Supp. 1985)); Idaho (Idaho Code sec.
16-1806A(1) (Supp. 1986)); Indiana (Ind. Code Ann. sec. 31-6-2-4
(1987)); Louisiana (La. Rev. Stat. Ann. sec. 13:1570(A) (5)
(1983))7 Mississippi (Miss. Code Ann. sec. 43-21-1511 (1985));
Missouri (Mo. Ann. Stat. sec. 211.071 (Vernon Supp. 1985));
Montana (Mont. Code Ann. sec. 41-5-206(1) (a) (1985)); Utah (Utah
Code Ann. sec. 78-3a-25(1) (Supp. 1983))? and Virginia (Va. Code
Ann. sec. 16.1-269(A) (1982)).
36. Arizona (Ariz. Rev. Stat. Ann. sec. 13-703(G)(5) (Supp.
1986)); Florida (Fla. Stat. Ann. sec. 921.141(6)(g) (West Supp.
1985)); Pennsylvania (Pa. Cons. Stat. Ann. art. 42, sec.
9711(e) (4) (1982)); South Carolina (S.C. Code Ann. sec. 16-3-
20(c) (b) (7 & 9) (1985))? Washington (Wash. Rev. Code sec.
10.95.070(7) (Supp. 1987)); and Wyoming (Wyo. Stat. sec. 6-2-
33
102(4) (vii) (Repl. 1983)).
37. Delaware (Del. Code Ann. tit. 11 sec. 4209(c) (Repl. 1979));
Oklahoma (Okla. Stat. Ann. tit. 21, sec. 701.01 (West 1983)); and
South Dakota (S.D. Codified Laws Ann. 23A-27A-1 (Supp. 1984)).
38. Eddings v. Oklahoma, 455 U.S. at 116.
39. Colorado, Indiana, Kentucky, Maryland, Nebraska, New Jersey,
North Carolina, Ohio, Oregon and Tennessee. Supra note 31 and 32.
40. U.S. DEPARTMENT OF JUSTICE, CAPITAL PUNISHMENT 1984 16
(1986); and NAACP Legal Defense and Educational Fund, Inc., Death
Row, U.S.A. (Dec. 20, 1981, through Mar. 1, 1988).
41. The sources of information for the Barrow case are Barrow v.
State, 688 S.W.2d 860 (Tex.Cr. Ap. 1985); and information
obtained by the author from the files of the NAACP Legal Defense
and Educational Fund, Inc., New York, New York, on Aug. 15, 1986.
42. The sources of information for the Cannon case are Cannon v.
State, 691 S.W.2d 664 (Tex.Cr.Ap. 1985); letter from Joseph J.
Cannon to the author (Jan. 27, 1986); and information obtained by
the author from the files of the NAACP Legal Defense and
Educational Fund, Inc., New York, New York, on Aug. 15, 1986.
43. The source of information for the Carter case is information
obtained by the author from the files of the NAACP Legal Defense
and Educational Fund, Inc., New York, New York, on Aug. 15, 1986.
44. The sources of information for the Garrett case are Garrett
34
v. State, 682 S.W.2d 301 (Tex.Cr.Ap. 1984), cert. denied, 105
S.Ct. 1876 (1985); and information obtained by the author from
the files of the NAACP Legal Defense and Educational Fund, Inc.,
New York, New York, on Aug. 15, 1986.
45. The sources of information for the Johnson case are Johnson
v. State, 303 Md. 487, 495 A.2d 1 (1985); Trimble v. State, 300
Md. 387, 478 A.2d 1143 (1984); Johnson v. State, 439 A.2d 542
(Md. 1982); Washington Post, Aug. 19, 1984, sec. A, at 1; and
information obtained by the author from the files of the NAACP
Legal Defense and Educational Fund, Inc., New York, New York, on
Aug. 15, 1986.
46. The sources of information for the Lashley case are State v.
Lashley, 667 S.W.2d 712 (Mo. 1984); letter from Frederick Lashley
to the author (July 9, 1986); and information obtained by the
author from the files of the NAACP Legal Defense and Educational
Fund, Inc., New York, New York, on Aug. 15, 1986.
47. The sources of information for the Legare case are Legare v.
State, 250 Ga. 875, 302 S.E.2d 351 (1983); Legare v. State, 243
Ga. 744, 257 S.E.2d 247 (1979), cert. denied, 444 U.S. 984
(1979); and information obtained by the author from the files of
the NAACP Legal Defense and Educational Fund, Inc., New York, New
York, on Aug. 15, 1986.
48. The source of information for the Stanford case is
information obtained by the author from the files of the NAACP
Legal Defense and Educational Fund, Inc., New York, New York, on
Aug. 15, 1986.
35
49. The sources of information for the Stokes case are State v.
Stokes, 304 S.E.2d 184 (N.C. 1983); and information obtained by
the author from the files of the NAACP Legal Defense and
Educational Fund, Inc., New York, New York, on Aug. 15, 1986.
50. The sources of information for the Thompson case are
Thompson v. State, 492 N.E.2d 264 (Ind. 1986); and information
obtained by the author from the files of the NAACP Legal Defense
and Educational Fund, Inc., New York, New York, on Aug. 15, 1986.
51. The sources of information for the Trimble case are Trimble
v. State, 300 Md. 387, 478 A.2d 1143 (1984); N.Y. Times, Aug. 19,
1984, at 15, col. 5; Washington Post, Aug. 19, 1984, sec. A, at
1; letter from James Trimble to the author (July 8, 1986); letter
from James Trimble to Denise Malasky, Cleveland State University,
Cleveland, Ohio (Apr. 22, 1985); id. (Apr. 9, 1985); and
information obtained by the author from the files of the NAACP
Legal Defense and Educational Fund, Inc., New York, New York, on
Aug. 15, 1986.
52. The sources of information for the Bey case are Supplemental
Letter Brief on Behalf of Defendant Appellant, State of New
Jersey v. Marko Bey, Docket #22,230, Supreme Court of New Jersey
(May 30, 1986); George, "Execution of Bey May Be Opposed,"
Woodbridge, N.J., News Tribune, Dec. 19, 1983; and information
obtained by the author from the files of the NAACP Legal Defense
and Educational Fund, Inc., New York, New York, on Aug. 15, 1986.
53. The sources of information for the Cannaday case are
36
Cannaday v. State, 455 So.2d 713 (Miss. 1984); and information
obtained by the author from the files of the NAACP Legal Defense
and Educational Fund, Inc., New York, New York, on Aug. 15, 1986.
54. The sources of information for the Harris case are Harris v.
State, 642 S.W.2d 471 (Tex.Cr.Ap. 1982); and information obtained
by the author from the files of the NAACP Legal Defense and
Educational Fund, Inc., New York, New York, on Aug. 15, 1986.
55. The sources of information for the Harvey case are Harvey v.
State, 682 P.2d 1384 (Nev. 1984); and information obtained by the
author from the files of the NAACP Legal Defense and Educational
Fund, Inc., New York, New York, on Aug. 15, 1986.
56. The source of information for the Hughes case is information
obtained by the author from the files of the NAACP Legal Defense
and Educational Fund, Inc., New York, New York, on Aug. 15, 1986.
57. Supra note 45.
58. The sources of information for the Lynn case are Lynn v.
State, 477 So.2d 1388 (Ala. 1985); Ex Parte Lynn, 477 So.2d 1385
(Ala. 1985); Lynn v. State, 477 So.2da 1365 (Ala.Cr.Ap. 1984); and
information obtained by the author from the files of the NAACP
Legal Defense and Educational Fund, Inc., New York, New York, on
Aug. 15, 1986.
59. The sources of information for the Mhoon case are Mhoon v.
State, 464 So.2d 77 (Miss. 1985); and information obtained by the
author from the files of the NAACP Legal Defense and Educational
37
Fund, Inc., New York, New York, on Aug. 15, 1986.
60. Supra note 49.
61. The sources of information for the Aulisio case are Opinion
of J. Walsh, Ct. of Common Pleas of Lackamanna Co., Pa., Crim.
Div., on Defendant's Motion in Arrest of Judgment and New Trial,
Commonwealth v. Aulisio (May 8, 1984) (unpublished); Brief for
Appellant, Commonwealth v. Aulisio, Docket #105 of 1984, Eastern
District, Supreme Court of Pennsylvania (filed Feb. 25, 1986);
Brief for Appellee, Commonwealth v. Aulisio, Docket #105 of 1984,
Eastern District, Supreme Court of Pennsylvania (filed June 23,
1986); Barcelo, "Hideous Case of the Shotgunned Babies," Official
Detective, Dec. 1982, at 26; and information obtained by the
author from the files of the NAACP Legal Defense and Educational
Fund, Inc., New York, New York, on Aug. 15, 1986.
62. The sources of information for the Brown case are letter
from Attorney Adam Stein, Charlotte, North Carolina, to the
author (July 18, 1986); letter from Attorney Robert D. Jacobson,
Lumberton, North Carolina, to the author (Nov. 9, 1984); and
information obtained by the author from the files of the NAACP
Legal Defense and Educational Fund, Inc., New York, New York, on
Aug. 15, 1986.
63. Supra note 45.
64. Supra note 47.
65. The sources of information for the Patton case are Gelarden,
"Youth Pleads Guilty in Slaying, Rape," Indianapolis Star, June
38
2, 1984, at 1, col. 2; McKinley, "2 Kill Man, Shoot, Rape Woman,"
Indianapolis Star, Oct. 23, 1983, sec. A, at 1, col. 1; McLayea,
"2 Teens Charged With Murder in Park," Indianapolis Star, Oct.
28, 1983, at 1, col. 1; Pines, "Park Murder Suspects 'Highway
Robbers'," Indianapolis Star, Oct. 29, 1983, at 35, col. 3;
Indianapolis Star, July 15, 1984, sec. C, at 1, col. 4; July 14,
1984, at 24, col. 1; Oct. 24, 1983, at 21, col. 2; and letter
from Kit Keller to Victor L. Streib (Nov. 6, 1986).
66. The sources of information for the Thompson case are
Thompson v. Oklahoma, 724 P.2d 780 (Okla. Crim. App. 1986), cert.
granted, 107 S.Ct. 1281 (1987); Olson, "Killer, 18, Sweats Out
Death Row," The Detroit News, June 2, 1985, at 1, col. 1; and
information obtained by the author from the files of the NAACP
Legal Defense and Educational Fund, Inc., New York, New York, on
Aug. 15, 1986.
67. The sources of information for the Livingston case are Perry
News Herald (Florida), Oct. 25, 1985; letter and data sheet from
Professor Michael Radelet, University of Florida, to the author
(Jan. 1986); and information obtained by the author from the
files of the NAACP Legal Defense and Educational Fund, Inc., New
York, New York, on Aug. 15, 1986.
68. The sources of information for the Morgan case are Morgan v.
State, 453 So.2d 394 (Fla. 1984); Morgan v. State, 392 So.2d 1315
(Fla. 1981); Findings of Fact and Order, State of Florida v.
James A. Morgan, Case #77-326CF, Nineteenth Judicial Circuit
Court in and for Martin County, Florida (June 7, 1985)
39
(unpublished); and information obtained by the author from the
files of the NAACP Legal Defense and Educational Fund, Inc., New
York, New York, on Aug. 15, 1986.
69. The sources of information for the Ward case are Adams,
"Spending Youth on Death Row, Dallas Morning News, Oct. 20, 1985,
sec. A, at 1, col. 6; Garlington, "Ward Convicted Self, Juror
Says," The Commercial Appeal (Memphis, Tenn.), Sept. 21, 1985;
Garlington, "State Links Prints, Statement to Ward," The
Commercial Appeal (Memphis, Tenn.), Sept. 13, 1985, sec. A, at 8,
col. 1; Garlington, "Arguments Begin Today in Ward Trial," The
Commercial Appeal (Memphis, Tenn.), Sept. 12, 1985; Garlington,
"Death Penalty Foes Excluded from Jury," The Commercial Appeal
(Memphis, Tenn.), Sept. 11, 1985, at 1, col. 1; Garlington, "Ward
Interview on Tape, Ruled Out," The Commercial Appeal (Memphis,
Tenn.), Sept. 10, 1985; Siegel, "How to Treat Youngsters Who
Murder," L.A. Times, Nov. 3, 1985, at 1, col. 1; Kansas City
Star, Sept. 20, 1985, sec. C, at 6, col. 1; N.Y. Times, Sept 22,
1985, at 14, col. 6; Portland, Maine, Evening Express, Dec. 17,
1985, at 11, col. 2; and information obtained by the author from
the files of the NAACP Legal Defense and Educational Fund, Inc.,
New York, New York, on Aug. 15, 1986.
70. The sources of information for the Williams case are
Mattiace, "Sentence Cut Because Jury Learned of Other Charges,"
Philadelphia (Pa.) Inquirer, Mar. 18, 1987, sec. b, at p. 3, col.
1; and letter, May 5, 1987, from Tanya Coke, NAACP Legal Defense
and Educational Fund, Inc., New York, New York, to the author.
40
71. The sources of information for the Comeaux case are a
letter, Apr. 30, 1987, from Judith A. Menadue, Louisiana Capital
Defense Project, New Orleans, La., to author; and information
obtained by the author from the files of the NAACP Legal Defense
and Educational Fund, Inc., New York, New York, on Apr. 30, 1987.
72. The sources of information for the Cooper case are O'Brien,
"Girl, 16, Given Death Sentence for Gary Murder," Chicago
Tribune, July 12, 1986, at 5; Thomas, "A Woman's Faith in
Religion Stays Strong to the End," Post-Tribune (Gary, Ind.),
July 21, 1985, sec. C, at 1, col. 1; Thomas, "Case Unique Because
Death Penalty Sought for Girls," Post-Tribune (Gary, Ind.), July
21, 1985, sec. C, at 1, col. 1; Thomas, "What Makes Teenagers
Turn Violent?," Post-Tribune (Gary, Ind.), July 21, 1985, sec. C,
at 1, col. 1; "I Herby Sentence You ...," CBS 60 Minutes,
broadcasted Mar. 30, 1986, and Aug. 9, 1986; N.Y. Times, May 19,
1985; News-Standard (Kendallville, Ind.), July 16, 1986, at 6,
col. 1; Plain Dealer (Cleveland, Ohio), Nov. 4, 1985, sec. A., at
5, col. 1, and information obtained by the author from the files
of the NAACP Legal Defense and Educational Fund, Inc., New York,
New York, on Aug. 15, 1986.
73. The sources of information for the LeCroy case are The
Evening Times (Palm Beach, Florida), Mar. 11, 1986, and various
telephone and personal conversations with James L. Eisenberg,
Attorney for LeCroy, West Palm Beach, Fla., Mar.-Oct., 1986.
74. Supra note 58.
41
75. The sources of information for the Sellers case are State's
Bill of Particulars In Re: Punishment, State of Oklahoma v. Sean
Richard Sellers (CRF-86-1231), District Court of Oklahoma County,
Oklahoma (filed May 12, 1986); State's Bill of Particulars In Re:
Punishment, State of Oklahoma v. Sean Richard Sellers (CRF-86-
1232), District Court of Oklahoma County, Oklahoma (filed May 12,
1986); Reverse Certification Study, State of Oklahoma v. Sean
Richard Sellers (CRF-86-1231 and CRF-86-1232), District Court of
Oklahoma County, Oklahoma (filed May 7, 1986); Defendant's Motion
to Dismiss, State of Oklahoma v. Sean Richard Sellers (CRF-86-
1231 and CRF-86-1232), District Court of Oklahoma County,
Oklahoma (filed Apr. 14, 1986); Information, State of Oklahoma v.
Sean Richard Sellers and Richard T. Howard III (CRF-86-1231),
District Court of Oklahoma County, Oklahoma (filed Mar. 10,
1986); Information, State of Oklahoma v. Sean Richard Sellers
(CRF-86-1232), District Court of Oklahoma County, Oklahoma (filed
Mar. 10, 1986); Voluntary Statement made by Richard Thomas Howard
III to the Oklahoma City Police Department Concerning Homicide of
Robert Bowers (Mar. 6, 1986); Voluntary Statement made by Richard
Thomas Howard III to the Oklahoma City Police Department
Concerning Homicide of Paul Leon Bellafatto and Vonda M.
Bellafatto (Mar. 6, 1986); The Daily Oklahoman (Oklahoma City),
May 13, 1986, at 1, col. 1; id., Apr. 15, 1986, at 1, col. 3; and
various telephone conversations with Kindanne C. Jones, Assistant
Public Defender and attorney for Sellers, Oklahoma City, Okla.,
May-Oct., 1986.
76. The sources of information for the Wilkins case are Hollan,
42
"Youth, 17, Sentenced to Execution," Kansas City Times
(Missouri), June 28, 1986, at 1, col. 1; N.Y. Times, June 29,
1986, at 19, col. 4; letter from Dr. Harriet Frazier, Central
Missouri State University, to author (June 28, 1986); and
information obtained by the author from the files of the NAACP
Legal Defense and Educational Fund, Inc., New York, New York, on
Aug. 15, 1986.
77. The source of information for the Williams case is
information obtained by the author from the files of the NAACP
Legal Defense and Educational Fund, Inc., New York, New York, on
Aug. 15, 1986.
78. The sources of information for the Dugar case are a letter,
Feb. 2, 1988, from Judith A. Menadue, Louisiana Capital Defense
Project, New Orleans, La., to author, and telephone conversation,
Jan. 25, 1988, between author at Clive Stafford Smith, Attorney
for Dugar, Southern Prisoners' Defense Committee, Atlanta, Ga.
79. The sources of information for the Lamb case are Johnson,
"Convicted Killer Lamb Given the Death Penalty," (Cocoa) Florida
Today, Feb. 26, 1987, at 1, col. 4; and letter, Apr. 15, 1987,
from Tanya Coke, NAACP Legal Defense and Educational Fund, Inc.,
New York, New York, to author.
80. Supra notes 31-34.
81. Tex. Fam. Code Ann. sec. 54.02 (Vernon Supp. 1986); and Tex.
Penal Code Ann. sec. 807 (d) (Vernon Supp. 1986).
82. Supra note 37. The latest report available as of this
43
writing, dated Dec. 20, 1988, indicates that 1,982 persons were
then on death row.
83. The sources of information for the Davis case are Ex Parte
Davis, 408 So.2d 533 (Ala. 1982); Davis v. State, 408 So.2d 532
(Ala.Cr.Ap. 1981), vacated and remanded, 457 U.S. 1114 (1982);
and information obtained by the author from the files of the
NAACP Legal Defense and Educational Fund, Inc., New York, New
York, on Aug. 15, 1986.
84. Supra note 58.
85. Supra note 79.
86. Supra note 73.
87. Supra note 67.
88. Supra note 68.
89. The sources of information for the Burger case are Burger v.
Kemp, 753 F.2d 930 (llth Cir. 1985); Burger v. Zant, 513 F.Supp.
772 (S.D.Ga. 1981), reversed, 718 F.2d 979 (llth Cir. 1983);
reversed and remanded, 104 S.Ct. 2652 (1984); Burger v. State,
245 Ga. 458, 265 S.E.2d 796 (1980), cert. denied, 448 U.S. 913
(1980); Burger v. State, 242 Ga. 28, 247 S.E.2d 834 (1978); and
information obtained by the author from the files of the NAACP
Legal Defense and Educational Fund, Inc., New York, New York, on
Aug. 15, 1986.
90. The sources of information for the Buttrum case are Buttrum
44
v. State, 249 Ga. 652, 293 S.E.2d 334 (1982), cert. denied, 459
U.S. 1156 (1983); and information obtained by the author from the
files of the NAACP Legal Defense and Educational Fund, Inc., New
York, New York, on Aug. 15, 1986.
91. The sources of information for the High case are High v.
Kemp, 623 F.Supp. 316 (S.D.Ga. 1985); High v. Zant, 250 Ga 693,
300 S.E.2d 654 (1983), cert. denied, 104 S.Ct. 2669 (1984); High
v. State, 247 Ga. 289, 276 S.E.2d 5 (1981), cert. denied, 455
U.S. 927 (1982); State v. High, 145 Ga.Ap. 772, 244 S.E.2d 888
(1978); and information obtained by the author from the files of
the NAACP Legal Defense and Educational Fund, Inc., New York, New
York, on Aug. 15, 1986.
92. Supra note 77.
93. Supra note 72.
94. Supra note 48.
95. Supra note 78.
96. The sources of information for the Prejean case are Prejean
v- Maggio, 765 F.2d 482 (5th Cir. 1985); Prejean v. Blackburn,
570 F.Supp. 985 (W.D.La. 1983), affirmed, 743 F.2d 1091 (5th Cir.
1984); State ex rel. Prejean v. Blackburn, 397 So.2d 517 (La.
1981); State v. Prejean, 379 So.2d 240 (La. 1979), cert. denied,
449 U.S. 891 (1980); and information obtained by the author from
the files of the NAACP Legal Defense and Educational Fund, Inc.,
New York, New York, on Aug. 15, 1986.
45
97. Supra note 45.
98. Supra note 5l.
99. The sources of information for the Jones case are Jones v.
Thigpen, 555 F.Supp. 870 (S.D.Miss. 1983), reversed, 741 F.2d 805
(Sth Cir. 1984), vacated, 106 S.Ct. 1172 (1986); Jones v. State,
381 So.2d 983 (Miss. 1980); cert. denied, 449 U.S. 1003 (1980);
Jones v. State, 342 So.2d 735 (Miss. 1977); letter from Sister
Patricia Landreman, Holy Spirit Missionary Sisters, Holy Spirit
Convent, Jackson, Mississippi, to author (Sept. 13, 1985), and
information obtained by the author from the files of the NAACP
Legal Defense and Educational Fund, Inc., New York, New York, on
Aug. 15, 1986.
100. The sources of information for the Tokman case are Tokman v.
State, 475 So.2d 457 (Miss. 1985); Tokman v. State, 462 So.2da 687
(1984); Tokman v. State, 435 So.2d 664 (Miss. 1983), cert.
denied, 104 S.Ct. 3547 (1984); and information obtained by the
author from the files of the NAACP Legal Defense and Educational
Fund, Inc., New York, New York, on Aug. 15, 1986.
101. Supra note 46.
102. Supra note 76.
103. Supra note 52.
104. Supra note 62.
105. Supra note 75.
46
106. Supra note 66.
107. Supra note 56.
108. Supra note 42.
109. Supra note 43.
110. Supra note 44.
111. The sources of information for the Graham case are Graham v.
State, 671 S.W.2d 529 (Tex.Cr.Ap. 1984); letter from Gary L.
Graham to the author (July 24, 1986); id. (June 16, 1986); id.
(June 3, 1986); and information obtained by the author from the
files of the NAACP Legal Defense and Educational Fund, Inc., New
York, New York, on Aug. 15, 1986.
112. Supra note 96.
113. Supra note 75.
114. NAACP Legal Defense and Educational Fund, Inc., Death Row,
U.S.A. 19-21 (Dec. 20, 1987).
115. Id. at ll.
116. Id. atl.
117. Id.
118. Supra note 78.
119. Supra note 72.
120. Supra note 99.
47
121. Jones v. State, 342 So.2d 735 (Miss. 1977).
122. Jones v. Thigpen, 741 F.2d 805 (5th Cir. 1984).
123. Jones v. Thigpen, 106 S.Ct. 1172 (1986).
124. Supra note 68.
125. Morgan v. State, 392 So.2d 1315 (Fla. 1981).
126. Morgan v. State, 453 So.2d 394 (Fla. 1984).
127. NAACP Legal Defense and Educational Fund, Inc., Death Row
U.S.A. 8-10 (Dec. 20, 1987).
128. Supra note 91.
129. High v. State, 247 Ga. 289, 296, 276 S.E.2da 5, 13
(1981).
130. Id.
131. Id.
132. Supra note 76.
133. Kansas City Times, supra note 76.
134. Charles Rumbaugh spent ten and one-half years on death row,
Terry Roach spent eight years and Jay Pinkerton spent five years.
See V. STREIB, supra note 1 at 121-29, for detailed analysis of
these cases.
48
