IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF MARICOPA
)
STATE OF ARIZONA, ) Case No. CR 97-09341
Plaintiff )
VS. ) AFFIDAVIT ON THE HISTORY OF
) ARIZONA’S DEATH PENALTY FOR
TONATIHU AGUILAR ) SIXTEEN-YEAR-OLD OFFENDERS
Defendant. )
) Hon. Michael Wilkinson
I, Victor L. Streib, the undersigned Affiant, being duly sworn, state that I am a Professor of
Law and former Law College Dean (1996-2000) at the Ohio Northern University College of Law,
Ada, Ohio; that I currently serve as a Visiting Professor of Law at the Michigan State University --
Detroit College of Law, East Lansing, Michigan; that I am an attorney-at-law licensed in the State
of Indiana and admitted to practice before the United States Supreme Court; that as an attorney I
have represented and continue to represent juvenile offenders in death penalty matters; and that I
performed the research and verified the findings of that research as set forth in this affidavit.
As a law professor, Affiant is the leading scholar in the world on the subject of the death
penalty for juvenile offenders (those under age eighteen at the time of their crimes). Affiant began
his research on this topic in 1975, and this research has resulted in six books, nineteen book chapters,
thirty journal articles, nine book reviews, and forty scholarly conference papers related to the death
penalty for juvenile offenders (see Appendix for complete list). These research products have been
cited repeatedly by the United States Supreme Court and other courts as well as relied upon by
committees of the United States Congress and many state legislatures.
For this focused report on the death penalty for sixteen-year-old offenders in Arizona, the
Affiant has gone back to his files on Arizona cases both to verify previously reported Arizona
information and to add information not published anywhere previously. The information reported
herein is current as of October 12, 2001, and is as complete and accurate as this Affiant's research
can provide. No other Arizona cases are known to this Affiant other than the ones reported and
described in this Affidavit.
FINDINGS
The findings of this research are listed in summary form with a brief explanation following
and expanding upon each summary point made. Following roughly a chronological format, the
findings first report data as to past executions, then as to recent sentences, and finally as to those
offenders currently under sentences of death. The conclusion, flowing unavoidably from these
findings, is that Arizona's death penalty for persons age sixteen (16) and younger at the time of their
crimes essentially has never existed or has been abolished in the actual practice of Arizona trial
courts and nearly eliminated in law by the Supreme Court of Arizona. Therefore, this punishment
would be disproportionately severe and cruel and unusual in Arizona.
Page 2 of 18
Pe
@ EXECUTIONS:
(1) Nationally, of the approximately 20,000 total executions in American history, only about 100
(0.5%) have been documented in the United States for crimes committed while age sixteen (16)
or younger.
Executions of juvenile offenders age sixteen (16) and younger have always been extremely
rare throughout American history. These rare executions began with the hanging of sixteen-year-old
Thomas Graunger in Plymouth Colony, Massachusetts in 1642 for the crimes of bestiality with a
horse andacow. Ofthe approximately 750 executions in the modern era of the death penalty (1973
- present), the only sixteen-year-old offender executed in the entire United States was Sean R. Sellers
in Oklahoma on February 4, 1999. Overall, therefore, the execution of offenders for crimes
committed at age sixteen (16) or younger has always been rare in the United States, with 99.5% of
all executions being of offenders older than age sixteen at the time of their crimes.
© (2) For all executions in the United States during the past quarter-century, 99.9%
have been of offenders older than age sixteen (16) when their crimes were committed.
Within the modern death penalty era (1973 and later), the execution of sixteen-year-old
offenders has decreased even further than it had existed in previous eras. The actual execution of
sixteen-year-old offenders is now at about 0.1% of all executions nationally. Except for the single
instance of the execution of Sean Sellers in Oklahoma in 1999, the practice has completely
disappeared from the national criminal justice landscape
(3) For the seventeen western-most states within the United States, only twelve offenders age
sixteen (16) or younger at the times of their crimes have ever been executed.
Assuming that the State of Arizona is particularly interested in this practice in the western
United States, affiant has gathered the data for the seventeen western-most states. In total, these
seventeen states have executed approximately 3,000 offenders of all ages throughout their histories
Page 3 of 18
as States and as United States Territories. Of these 3,000 total executions, only twelve (0.4%) have
been executions of offenders for crimes committed at age sixteen (16) or younger. Table One below
lists these States and their individual histories regarding such executions:
TABLE ONE:
EXECUTIONS OF OFFENDERS AGE
SIXTEEN AND YOUNGER IN WESTERN STATES
All 16-Year-Old Offenders Executed in the State
State Name of Offender Date of Execution
Arizona Demetrio Dominguez November 26, 1880
California [anonymous] December 12, 1864
Henry Brown September 7, 1906
Louis Augustine January 20, 1911
Colorado [no such executions]
Idaho [no such executions]
Kansas {no such executions]
Montana Frank Roberts October 31, 1878
Nebraska [no such executions]
Nevada Fred Roberts November 17, 1905
Floyd Loveless September 29, 1944
David Blackwell April 22, 1949
New Mexico
[no such executions]
North Dakota [no such executions]
Oklahoma Sean Sellers February 4, 1999
Oregon John Soto March 20, 1942
South Dakota [no such executions]
Texas Peter January 27, 1859
Utah [no such executions]
Washington Joseph Nuana March 6, 1874
Wyoming [no such executions]
To the degree that Arizona considers the practice of neighboring states in determining its own
practices, it is instructive to note that execution of offenders age sixteen (16) or younger at the times
of their crimes has never been common in the western United States. Of the twelve such executions
in all of recorded history, only four have occurred since Arizona became a State within the United
Page 4 of 18
States. Three of these were in the 1940s in Nevada and Oregon. The one aberration is the 1999
execution of Sean Sellers in Oklahoma, the only execution of a sixteen-year-old offender in over a
half century.
During the several centuries of time covered by these data, executions of offenders of any
age was much more common among the non-western states, particularly those in the southeastern
United States. Among the seventeen western-most states, the clear leaders in total executions have
been Texas with well over 1,000 total executions and California with about 750 total executions.
However, even in these strongest death penalty states, the execution of sixteen-year-old offenders
ended long ago. The last such execution of such youthful offenders occurred in Texas in 1859 and
in California in 1911.
(4) Of the at least 129 confirmed executions in Arizona's history, both as a State and as a
Territory, only one of those executions was for a crime committed while age sixteen (16) or
younger.
Arizona’s history of the execution of sixteen-year-old offenders mirrors that of most western
states. In fact, the only such execution was that of Demetrio Dominguez on November 26, 1880.
Dominguez was age sixteen (16) at the time of his crime and age seventeen (17) when actually
executed. He was a Mexican National who killed a white adult male victim. Since this execution
took place in the nineteenth century and well before Arizona became a State, it was not related in
any reasonable manner to the Arizona death penalty laws and procedures of the twenty-first century.
Under any reasonably modern assessment of the death penalty in Arizona, the execution of offenders
as young as age sixteen (16) at the times of their crimes simply has not existed.
Page 5 of 18
CURRENT ERA DEATH SENTENCES:
(5) Of the approximately 7,200 death sentences nationwide since 1973, only 62 (0.9%) were for
crimes committed at age sixteen (16) or younger.
Comparable to the extreme rarity of the actual execution of such very young offenders, the
death sentencing rate is similarly very rare. More than 99% of offenders sentenced to death during
this era have been older than the age of sixteen (16) at the time of their crimes. Thus, it appears that
this sentencing practice remains almost nonexistent.
The few states which have engaged in this sentencing practice are concentrated in the
traditional death penalty states of the southeastern United States. Alabama, Florida, Louisiana and
Mississippi are the leading states, but none have sentenced very many sixteen-year-old offenders.
(6) Of the total of approximately 300 death sentences imposed in Arizona during this current era,
only 3 (1%) have been for crimes committed while age seventeen or younger.
In striking contrast to those few southeastern states still fairly involved in imposing death
sentences upon juvenile offenders, this practice has nearly disappeared in Arizona in the current era
(1973-present). The three aberrational Arizona death sentences for crimes committed while age
sixteen (16) were as follows:
Frank James Valencia: Pima County; sentenced in 1977; reversed in 1979; resentenced in
1979; reversed again in 1982.
Levi Jaimes Jackson: Pima County; sentenced in 1994; still under death sentence.
James Edward Davolt, II: Mohave County; sentenced in fall 2000; still under death sentence.
Obviously, none of these current era Arizona death sentences imposed upon sixteen-year-old
offenders has resulted in an execution, and that result seems extremely unlikely. In the Frank
Valencia case, the Supreme Court of Arizona concluded that "the age of the defendant, 16 at the time
of both crimes, is ‘sufficiently substantial’ to call for life imprisonment instead of death." (State v.
Page 6 of 18
Valencia, 645 P.2d 239, 242 (1982)).
ON DEATH ROW AS OF OCTOBER 1, 2001:
(7) Only 18 (0.5%) of the approximately 3,700 persons on death rows nationwide were age sixteen
(16) at the times of their crimes.
From the over 7,000 death sentences imposed nationally since 1973, only about 3,700
persons remain under death sentences as of October 1, 2001. Similarly, of the sixty-two (62) death
sentences imposed nationally upon sixteen-year-old offenders since 1973, only eighteen (18) remain
on death row. Of the other forty-four (44) death-sentenced individuals, only one (Sean Sellers in
Oklahoma) has actually been executed. The other forty-three have all had their death sentences
reversed. This is a 98% reversal rate (43 out of 44) for cases that have been finally resolved by either
execution or reversal. Of the approximately 130 persons now on death row in Arizona, only two
(1.5%) were age sixteen or younger at the times of their crimes.
CONSTITUTIONAL LAW CONTEXT:
(8) Under the United States Constitution, an offender must be at least age sixteen (16) at the time
of the crime to be eligible to receive the death penalty.
At least for the past decade, the federal constitutionality of the American juvenile death
penalty seems to be areasonably well-settled issue. In Thompson v. Oklahoma, 487 U.S. 815 (1988),
the United States Supreme Court held that executions of offenders age fifteen and younger at the
time of their crimes are prohibited by the Eighth Amendment to the United States Constitution. The
combined effect of the opinions by Justice Stevens and Justice O'Connor in Thompson is to hold that
no state without a minimum age in their death penalty statute can go below age sixteen (16) without
violating Thompson, and in fact no state with a minimum age in its death penalty statute uses an age
less than sixteen (16). In Stanford v. Kentucky, 492 U.S. 361 (1989), the United States Supreme
Page 7 of 18
Court held that the Eighth Amendment to the United States Constitution does not prohibit the death
penalty for crimes committed at age sixteen (16) or seventeen (17).
(9) Under State Constitutions, various State Supreme Courts have addressed the issue of the state
constitutionality of the death penalty for youthful offenders.
Several state courts have recognized and enforced the United States Supreme Court holdings.
See, for example, the cases of fifteen-year-old offenders in Alabama (Flowers v. State, 586 So.2d
978 (Ala. Ct. Crim. Ap. 1991)); Florida (Allen v. State, 636 So.2d 494 (1994)); Indiana (Cooper v.
State, 540 N.E.2d 1216 (ind. 1989)); and Louisiana (State v. Stone, 535 So.2d 362 (La. 1988); and
Dugar y. State, 615 So.2d 1333 (La. 1993)). Typically, these State Supreme Courts have relied both
upon the United States Constitution and upon their own State Constitutions in reviewing these death
sentences.
In the leading case for the purposes of Affiant’s analysis herein, the Florida Supreme Court
has interpreted its own Florida Constitution to prohibit the death penalty for sixteen-year-old
offenders (Brennan vy. State, 754 So.2d 1 (Fla., 1999)). That Court barred the execution of Keith
Brennan because he was only sixteen (16) years old at the time of his crime. The Florida Court
followed essentially the same analytical structure established in the two landmark federal cases. Key
to the court’s conclusion were the extreme rarity of death sentences and actual executions imposed
upon sixteen-year-old offenders in Florida (/d. at 7). The court also was concerned about the
relative lack of individualized consideration of the maturity and morality of each defendant under
the Florida statutory scheme. (/d. at 8-9)
While the Florida Supreme Court paid due deference to the United States Supreme Court’s
interpretation of the United States Constitution, the ultimate interpreter of the Florida Constitution
is, of course, the Florida Supreme Court. If the minimum age limit for the death penalty under the
Page 8 of 18
federal constitution is age sixteen (16), then no state can go below that age. However, State
Constitutions can be interpreted and have been interpreted to require a higher age minimum than the
federal floor. This is particularly important under the Eighth Amendment’s “evolving standards of
decency” analysis, since such social evolutions may well occur at different paces and at different
times in one state as compared to another state.
The above-analysis of Arizona’s evolution indicates that Arizona has long since put behind
it the actual execution of sixteen-year-old offenders. The last such execution occurred in 1880 under
territorial laws and before Arizona was even a State. Indeed, the State of Arizona has never executed
a sixteen-year-old offender in all of its history.
CONCLUSION
The findings from this research are clear. The State of Arizona and its precedent territorial
government has abolished the execution of offenders age sixteen (16) and younger at the time of
their crimes. The last such execution in Arizona was in the nineteenth century, a time period light
years removed from the modern Arizona criminal justice system. The manner in which this abolition
has taken place is indicative of extraordinarily widespread concurrence in this abolition. It did not
come from a singular act of the legislature or ruling by a court. With neither mandate nor fanfare,
execution of such very young offenders in Arizona just disappeared long before statehood, never to
reemerge. And, with very few exceptions, even sentencing such offenders to death has disappeared
in Arizona.
This striking historical pattern in Arizona leads this affiant to two unavoidable conclusions.
First, in Arizona, the execution of sixteen-year-old offenders such as Tonatihu Augilar would be
cruel and unusual under the Arizona Constitution and under the United States Constitution. Second,
Page 9 of 18
ee
the execution of this sixteen-year-old offender for his crimes would be grossly disproportionate in
light fo the fact that no sixteen-year-old offender has met a similar punishment in Arizona since
1880.
I, Victor L. Streib, swear and affirm under the penalties of perjury that the foregoing
statement is true and accurate to the best of my knowledge and belief.
Victor L. Streib, Affiant
Ohio Northern University
Ada, Ohio 45810
(419) 772-2207
Subscribed and sworn to in my presence this Twelfth day of October, 2001, in Ada, Ohio.
Page 10 of 18 e
APPENDIX:
AFFIANT'S RELEVANT RESEARCH PUBLICATIONS AND PAPERS
BOOKS:
DEATH PENALTY IN A NUTSHELL (Eagan, MN: West Group) (in progress; expected 2002).
A CAPITAL PUNISHMENT ANTHOLOGY (editor) (Cincinnati: Anderson Publishing Company)
(1993) (second edition in progress; expected 2002).
CAPITAL PUNISHMENT CASES, STATUTES, AND STANDARDS (editor) (Cincinnati:
Anderson Publishing Company) (1996).
DEATH PENALTY FOR JUVENILES (Bloomington, IN: Indiana University Press) (1987).
JUVENILE JUSTICE IN AMERICA (Port Washington, N.Y.: Kennikat Press) (1978).
A STUDY GUIDE FOR FORENSIC STUDIES P475: AMERICAN JUVENILE JUSTICE
SYSTEMS (Bloomington, IN: Indiana University) (1973, 2d ed. 1978) (textbook for correspondence
course).
CHAPTERS:
Death Penalty for Children: Only in America, in JUSTICE FOR THE WORLD’S CHILDREN
(Chicago: Northwestern University) (in press; expected in 2001).
Foreword, in DEATH WATCH: A DEATH PENALTY ANTHOLOGY vii (Lane Nelson & Burk
Foster, eds.) (Prentice Hall) (2001).
Death Penalty and the Youthful Offender, in DEATH PENALTY DEFENSE: TRIALS AND
APPEALS 3.1 (Columbus, OH: Ohio CLE Institute) (2000).
Death Penalty for Juvenile Offenders: Recent Developments and Prognosis for the Future, in
DEFENSE STRATEGIES IN DEATH PENALTY LITIGATION 1 (DeKalb, IL: Northern Illinois
University) (2000).
Executing Women, Children, and the Retarded: Second Class Citizenship in Capital Punishment,
in AMERICA'S EXPERIMENT WITH CAPITAL PUNISHMENT: REFLECTIONS ON THE
PAST, PRESENT AND FUTURE OF THE ULTIMATE PENAL SANCTION 201 (James R. Acker,
Robert M. Bohm, & Charles S. Lanier, eds.) (Durham, NC: Carolina Press) (1998).
Juveniles and the Death Penalty: Killing Kids in Ohio?, in THE DEATH PENALTY SEMINAR
10.0 (Columbus, OH: Ohio Association of Criminal Defense Lawyers) (1997).
Page 11 of 18
Isolating Constitutional issues: Death Penalty for Women and Juveniles, in DEATH PENALTY
PRACTICE: TRIALS AND APPEALS 5.1 (Columbus, OH: Ohio CLE Institute) (1997).
The Juvenile Death Penalty in the United States, in UNITED NATIONS CONVENTION ON THE
RIGHTS OF THE CHILD: PROSPECTS FOR THE YEAR 2000 24 at 24.1 (New Orleans, LA:
Loyola University) (1997).
Perspectives on the Juvenile Death Penalty in the 1990s, in CHILD, PARENT AND STATE: LAW
AND POLICY READER 646 (S. Randall Humm, Beate Anna Ort, Martin Mazen Anbari, Wendy
S. Lader, & William Scott Biel, eds.) (Philadelphia, PA: Temple University Press) (1994).
Reprinted in CAPITAL PUNISHMENT: VOLUME I, THE PHILOSOPHICAL, MORAL, AND
PENOLOGICAL DEBATE OVER CAPITAL PUNISHMENT 156 (Margery B. Koosed, ed.) (New
York: Garland Publishing, Inc.) (1996).
Juveniles in Law and Society, in TAKING SIDES: CLASHING VIEWS ON CONTROVERSIAL
ISSUES IN CRIMINOLOGY 331 (Richard C. Monk, ed.) (Guilford, CT: Duskin Publishing Group,
Inc.) (1991).
[Interview with] Victor Streib, in DEATH ROW: INTERVIEWS WITH INMATES, THEIR
FAMILIES AND OPPONENTS OF CAPITAL PUNISHMENT 58 (Shirley Dicks, ed.) (Jefferson,
N.C.: McFarland & Co., Inc.) (1990). Reprinted with additions in YOUNG BLOOD: JUVENILE
JUSTICE AND THE DEATH PENALTY 167 (Shirley Dicks, ed.) (Amherst, NY: Prometheus
Books (1995); and in CONGREGATION OF THE CONDEMNED 191 (Shirley Dicks, ed.)
(Buffalo, N.Y.: Prometheus Books) (1991).
Juveniles' Contemplations of their Impending Executions, i FACING THE DEATH PENALTY:
ESSAYS ON A CRUEL AND UNUSUAL PUNISHMENT 38 (Michael Radelet, ed.) (Philadelphia,
PA: Temple University Press) (1989).
Child Advocacy and the Juvenile Death Penalty, in CHILDREN AND THE LAW 460 (Howard
Davidson, ed.) (Washington, D.C.: ABA National Legal Resource Center for Child Advocacy and
Protection) (1988).
Imposing the Death Penalty on Children, in CHALLENGING CAPITAL PUNISHMENT: LEGAL
AND SOCIAL SCIENCE APPROACHES 245 (Kenneth Haas & James Inciardi, eds.) (Beverly
Hills, CA: Sage Publications, Inc.) (1988). Reprinted in JUVENILE DELINQUENCY: A
JUSTICE PERSPECTIVE 145 (Ralph Weisheit & Robert Culbertson, eds.) (Prospect Hts., IL:
Waveland Press, Inc.) (1990).
Juvenile Law, in ENCYCLOPEDIA OF THE AMERICAN JUDICIAL SYSTEM: STUDIES IN
THE PRINCIPAL INSTITUTIONS AND PROCESSES OF LAW 347 (Robert J. Janosik, ed.) (New
York: Charles Scribner's Sons, Publishers) (1987).
Page 12 of 18
Persons on Death Row as of June 30, 1986, for Crimes Committed While Under Age Eighteen, in
AMNESTY INTERNATIONAL, UNITED STATES OF AMERICA: THE DEATH PENALTY 74
(London: Amnesty International) (1987).
Juvenile Justice, in EDUCATORS, CHILDREN AND THE LAW 114 (Lynn Sametz & Cavin
Mcloughlin, eds.) (Springfield, IL: Charles C. Thomas, Publishers) (1985).
Juvenile Court, in 15 FUNK AND WAGNALL, NEW ENCYCLOPEDIA 151 (1983; 2d ed. 1991).
Juvenile Crime, in 15 FUNK AND WAGNALL, NEW ENCYCLOPEDIA 152 (1983; 2d ed. 1991)
(with Sametz).
ARTICLES:
Legal Sanctions Kids Who Kill (in progress; expected 2002).
American Death Penalty Law, 54 ULFLJOTUR L. REV. 217 (August 2001)( University of Iceland).
Justice for Juvenile Violence, 1 BARRY L.REV. 1 (2000).
Emerging Issues in Juvenile Death Penalty Law, 26 OHIO NO. L.REV. 725 (2000).
Juvenile Justice or Injustice: The Debates Over Reform, 14 ST. JOHN'S J. LEGAL
COMMENTARY 371 (2000).
American Death Penalty for Juveniles: An International Embarrassment, 5 GEORGETOWN J.
FIGHTING POVERTY 219 (1998).
Moratorium on the Death Penalty for Juveniles, 61 LAW & CONTEMP. PROBS. 55 (1998) (Duke
University).
The Juvenile Death Penalty in the United States and Worldwide, 4 LOYOLA UNIV. POVERTY L.
J. 173 (1998).
The Efficacy of Harsh Punishments for Teenage Violence, 31 VALPARAISO UNIV. L. REV. 427
(1997).
Young Lives: The Juvenile Death Penalty, 25 CRIM. JUST. MATTERS 16 (Autumn 1996)
(published by King's College; London, England).
Sentencing Juvenile Murderers: Punish the Last Offender or Save the Next Victim?, 26 UNIV.
TOLEDO L. REV. 765 (1995).
Reflections on the Death Penalty, 2(1) RECONSTRUCTION 114 (1994).
Page 13 of 18
The Juvenile Death Penalty in Pennsylvania, 11(1) CHILD’S RIGHTS CHRON. 1 (1992-93).
Excluding Juveniles from New York's Impendent Death Penalty, 54 ALB. L. REV. 625 (1990).
Reprinted in part in A CAPITAL PUNISHMENT ANTHOLOGY 133 (Victor L. Streib, ed.)
(Cincinnati: Anderson Publishing Company) (1993).
An Unjust Punishment? The Juvenile Death Penalty, WORLD & 1519 (Apr. 1990).
Should Juveniles Receive the Death Penalty?, CATHOLIC MISSOURIAN (Mar. 30, 1990).
Executing Juvenile Females, 22 CONN. L. REV. 3 (1989) (with Sametz).
States Already Ending Juvenile Death Penalty, UsA TODAY (June 30, 1988)
Kids on Death Row, 33(4) KEEPING POSTED 12 (Feb. 1988).
Ending the Execution of Juveniles, FULTON CO. (ATLANTA) DAILY REP. (Feb. 16, 1987)
The Eighth Amendment and Capital Punishment of Juveniles, 34 CLEVE. ST. L. REV. 363 (1986).
Why Are We Still Executing Juveniles?, 1(3) CRIM. JUST. 36 (Fall, 1986). Reprinted in
NATIONAL CONFERENCE OF JUVENILE AND FAMILY COURT JUDGES, PROGRAM
MATERIALS FOR FOURTEENTH NATIONAL CONFERENCE ON JUVENILE JUSTICE @
(Conference held March 15-18, 1987, San Francisco, California).
Juveniles on Death Row, 24 LIFELINES 1 (National Coalition to Abolish the Death Penalty)
(Jul.-Aug. 1985).
Executions Under the Post-Furman Capital Punishment Statutes: The Halting Progression from
‘Let's Do It' to ‘Hey, There Ain't No Point in Pulling So Tight’, 15 RUTGERS L. J. 443 (1984).
Capital Punishment for Children in Ohio: ‘They'd Never Send a Boy of Seventeen to the Chair in
Ohio, Would They?', 18 AKRON L. REV. 51 (1984).
Death Penalty for Children: The American Experience with Capital Punishment for Crimes
Committed While Under Age Eighteen, 36 OKLA. L. REV. 613 (1983).
Executing Children in the Pursuit of Justice, 6(11) INSTITUTIONS, ETC. 21 (1983).
The Juvenile Justice System and Children's Law: Should Juvenile Defense Attorneys be Replaced |
with Children's Lawyers?, 31 JUV. & FAM. CT. J. 53 (1980); |
From Gault to Fare and Smith: The Decline in Supreme Court Reliance Upon Delinquency Theory,
7 PEPPERDINE L. REV. 801 (1980).
Page 14 of 18
The Informal Juvenile Justice System: A Need for Procedural Fairness and Reduced Discretion, 10
J. MAR. J. PRAC. & PROC. 41 (1976).
Emerging Human and Legal Rights of Children, 2 BEHAVIOR DISORDERS 16 (1976) (with
Walters).
BOOK REVIEWS:
53 U. PITT. L. REV. 251 (1991) (WELSH WHITE, THE DEATH PENALTY IN THE NINETIES
(1991)).
19 J. CRIM. JUST. 405 (1991) (DEATH PENALTY IN AMERICA: CURRENT RESEARCH
(Robert Bohm, ed., 1991).
Capital Punishment History: Moral Penance or Legal Homicide? (Book Review), 10 CRIM. JUST.
HIST. 209 (1989) (HUGO BEDAU, DEATH IS DIFFERENT: STUDIES IN THE MORALITY,
LAW AND POLITICS OF CAPITAL PUNISHMENT (1987); and WILLIAM BOWERS, LEGAL
HOMICIDE: DEATH AS PUNISHMENT IN AMERICA, 1864-1982 (1984)).
13. CRIM. JUST. REV. 72 (1988) (REFORMING THE LAW: IMPACT OF CHILD
DEVELOPMENT RESEARCH (Gary Melton, ed., 1987)) (with Sametz).
57 SOCIAL SERVICE REV. 683 (1983) (MICHAEL FABRICANT, JUVENILES IN THE
FAMILY COURTS (1982)).
20 J. FAM. L. 337 (1982) (FRANCIS McCARTHY & JAMES CARR, JUVENILE LAW & ITS
PROCESSES (1980).
6 NEW ENGLAND J. PRIS. L. 355 (1980) (Y. BAKAL & H. POLSKY,
REFORMING CORRECTIONS FOR JUVENILE OFFENDERS (1979)).
14 NEW ENGLAND L. REV. 861 (1979) (CHARLES E. SILBERMAN, CRIMINAL VIOLENCE,
CRIMINAL JUSTICE (1978)).
5 NEW ENGLAND J. PRIS. L. 111 (1978) (STATUS OFFENDERS AND THE
JUVENILE JUSTICE SYSTEM (R. Allinson ed. 1978)).
MAJOR PAPERS:
Kids Who Kill (September 2001) (Invited paper presented at the Eleventh Annual Juvenile Law
Symposium; Ohio Association of Criminal Defense Lawyers; Columbus, OH).
The Juvenile Death Penalty Today (Sept. 2000) (Invited paper presented at the Wild Child
Conference; Ohio State University at Marion; Marion, OH).
Page 15 of 18
Death Penalty and the Youthful Offender (June 2000) (Invited paper presented at the Death Penalty
Defense Seminar; Ohio State Bar Association CLE Institute; Columbus, OH).
Emerging Issues in Juvenile Death Penalty Law (Mar. 2000) (Invited paper presented at the law
review symposium at Ohio Northern University College of Law; Ada, OH).
Death Penalty for Juvenile Offenders: Recent Developments and Prognoses for the Future (Mar.
2000) (Invited paper presented at the law review symposium at Northern Illinois University College
of Law; DeKalb, IL).
Adolescence as a Mental Disability in Capital Punishment Law (Jan. 2000) (Invited paper presented
at the Annual Meeting of the Association of American Law Schools; Washington, D.C.).
Death Penalty for Children: Only in America (July 1999) (Invited paper presented at International
Symposium on A New Era: Children's Court Centennial; Justice for the World's Children;
Northwestern University and the International Association of Youth & Family Judges and
Magistrates; Chicago, IL).
Children Who Kill (April 1999) (Invited paper presented at the Children's Human Rights
Symposium; St. John's University School of Law; Jamaica, NY).
Another Kind of Innocence: The Death Penalty for Children (November 1998) (Invited paper
presented at the National Conference on Wrongful Convictions and the Death Penalty; Northwestern
University School of Law; Chicago, IL).
Juvenile Death Penalty: America and the World (November 1998) (Invited paper presented at the
1998 National Conference; National Youth Advocate Program; Columbus, OH).
History of Juvenile Courts and Death Penalty for Juveniles (May 1998) (Invited paper presented at
the Legal History Program; Ohio Judicial College; Columbus, OH).
The Juvenile Death Penalty Today (March 1998) (Invited paper presented at the National Conference
on Juvenile Justice; National Council of Juvenile and Family Court Judges; Orlando, FL).
America's Death Penalty for Juveniles: An International Embarrassment (February 1998) (Invited
paper presented at the symposium on The United Nations Convention on the Rights of the Child:
Benefits to American Children, Effects on American Law; Georgetown University Law Center;
Washington, DC).
Juveniles and the Death Penalty: Killing Kids in Ohio? (November 1997) (Invited paper presented
at 1997 Annual Death Penalty Seminar, Ohio Association of Criminal Defense Lawyers, Col., OH).
Isolating Constitutional Issues: Death Penalty for Women and Juveniles (June 1997) (Invited paper
presented at the Death Penalty Practice Seminar; Ohio CLE Institute; Columbus, OH).
Page 16 of 18
The Juvenile Death Penalty in the United States (February 1997) (Invited paper presented at the
International Conference on the United Nations Convention on the Rights of the Child: Prospects
for the Year 2000; Loyola University School of Law; New Orleans, LA).
Executing Women, Children, and the Retarded: Second Class Citizenship in Capital Punishment
(November 1996) (Invited paper presented at the Annual Meeting of the American Society of
Criminology; Chicago, IL).
The Efficacy of Harsh Punishments for Teenage Violence (November 1996) (Invited paper presented
at the National Conference On Teenage Violence and Drug Abuse; Valparaiso, IN).
Avoiding the Juvenile Death Penalty in New York State (Apr. 1991) (Invited paper presented at the
New York Death Penalty Conference, Albany, NY).
Georgia's Juvenile Death Penalty (Dec. 1990) (Invited paper presented at a meeting of Amnesty
International, Atlanta, Ga.).
Supreme Court Application of Eighth Amendment Jurisprudence to Juvenile Death Penalty Cases
(Nov. 1989) (Invited paper presented at the 1989 Annual Meeting of the American Society of
Criminology, Reno, NV).
Current Status of the Juvenile Death Penalty (Nov. 1988) (Paper presented at the 1988 Annual
Meeting of the National Coalition to Abolish the Death Penalty, Dallas, TX).
Legal and Criminological Issues in the Death Penalty for Women and Juveniles (Nov. 1988) (Paper
presented at the faculty seminar at the Southern Methodist University School of Law, Dallas, TX).
Capital Punishment of Female Juveniles (Nov. 1988) (Paper presented at the 1988 Annual Meeting
of the American Society of Criminology, Chicago, IL) (with Sametz).
Child Advocacy and the Juvenile Death Penalty (Oct. 1988) (Invited paper presented at the ABA's
Fourth National Conference on Children and the Law, Arlington, VA).
Decline and Fall of Juvenile Capital Punishment (Mar. 1988) (Invited paper presented at the 1988
Mid-Year Conference of the American Psychology-Law Society, Miami Beach, FL).
Juvenile Death Penalty Update (Nov. 1987) (Invited paper distributed at the 1987 Annual
Conference of the National Coalition to Abolish the Death Penalty, Washington, DC).
An Overview of the Death Penalty for Juveniles (Aug. 1987) (Invited paper presented at the 1987
Annual Meeting of the American Bar Association, San Francisco, CA) (Reprinted and distributed
by the National Consortium on Alternatives for Youth at Risk, Sarasota, FL)
Page 17 of 18
Juveniles on Death Row in November 1986 (Nov. 1986) (Invited paper presented at the 1986 Annual
Meeting of the National Coalition Against the Death Penalty, New Orleans, LA).
Death Penalty for Juveniles: Last Gasps of a 344-year-old American Practice (Oct. 1986) (Paper
presented at the Annual Meeting of the American Society of Criminology, Atlanta, GA).
Death Penalty for Juveniles: Past, Present and Future (Nov. 1985) (Invited paper presented at the
1985 Annual General Conference of the National Coalition Against the Death Penalty, Phila., PA).
Capital Punishment Law and Reality: Reducing the Disparity Between Sentencing Rates and
Execution Rates (Feb. 1984) (Paper presented at the Annual Meeting of the Western Society of
Criminology, San Diego, CA).
Capital Punishment for Children: Racism, Regionalism and Excessiveness (Jan. 1984) (Invited paper
presented at the Annual Meeting of the Association of American Law Schools, San Francisco, CA).
Post-1976 Capital Punishment: Characterizing Recent Executions within the Current Legal
Environment (Nov. 1983) (Paper presented at the Annual Meeting of the American Society of
Criminology, Denver, CO).
Resolutions with Report on Capital Punishment for Crimes Committed While Under Age Eighteen
(Aug. 1983) (Report presented at the Annual Meeting of the American Bar Association, San
Francisco, CA (resolution adopted by ABA)).
Lawful Infanticide in the American Heartland: Ohio's Experience with Capital Punishment for
Crimes Committed While Under Age Eighteen (June 1983) (Paper presented at the Annual Meeting
of the Law and Society Association, Denver, CO).
Children's Legal Rights: Essential Knowledge for Beginning Educators (Feb. 1983) (Paper presented
at the Annual Meeting of the American Association of College Teacher Educators, Detroit, MI) (with
Mcloughlin & Sametz).
Killing Kids for Justice: Capital Punishment for Young Offenders (Nov. 1982) (Paper presented at
the Annual Meeting of the American Society of Criminology, Toronto, Canada) (with Sametz).
Capital Punishment for Juveniles in the Criminal Justice System (June 1982) (Paper presented at the
Annual Meeting of the Law and Society Association, Toronto, Canada).
Death Penalty for Children: State Execution for Crimes Committed While Under Age Eighteen
(Mar. 1982) (Paper presented at the Annual Meeting of the Academy of Criminal Justice Sciences,
Louisville, KY).
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