Capital Punishment Trials of Youthful Offenders: The Impact of ACEs Mitigation

Abstract

In the 2005 Roper v. Simmons decision, the Supreme Court determined that capital punishment, the death penalty, was not appropriate for offenders under the age of 18. The Court accepted the argument that juveniles are less blameworthy than adult offenders due to differences in their cognitive abilities and the influence of factors outside of their control, such as household dysfunction or the existence of adverse childhood experiences (ACEs). Recent empirical literature examining both brain development and the impact of ACEs on both brain maturity and offending behaviors demonstrates that brain maturation and psychosocial maturation continue into the mid-twenties. As a result, youthful offenders, those 18 to 24 of age, may possess many of the neuropsychological deficiencies attributed to juveniles and yet be sentenced to death. This research examines if juries of capital punishment trials recognize the impact of age and ACEs when determining their sentencing decision.