{"id":85774,"date":"2018-02-17T11:59:56","date_gmt":"2018-02-17T16:59:56","guid":{"rendered":"https:\/\/sentencing.net\/?p=85774"},"modified":"2019-11-06T11:01:52","modified_gmt":"2019-11-06T16:01:52","slug":"sentencing-to-death","status":"publish","type":"post","link":"https:\/\/sentencing.net\/sentencing\/sentencing-to-death","title":{"rendered":"Sentencing to Death? ABA Says Not For Those Under 21"},"content":{"rendered":"\r\n

When it comes to public opinion on the whether sentencing to death is appropriate, to borrow from Bob Dylan \u2013 \u201cThe times they are a\u2019 changin\u2019.\u201d<\/p>\r\n

The American public is losing confidence in the death penalty these days. It appears that people are deeply concerned about innocent people being sentenced to death; about fairness in the process, racially and otherwise; and about the death penalty\u2019s lack of effectiveness. Indeed, polls show that most Americans believe that innocent people have suffered the death penalty, that sentencing to death does not deter criminals, and that a life-without-parole sentence should replace sentencing to death.<\/p>\r\n

Adding more fuel to that trend, on February 5, 2018, the American Bar Association (ABA) weighed in on whether sentencing to death should occur for those 21 years old and younger. As one might expect, the ABA believes that those under 21 should never be subjected to the death penalty.<\/p>\r\n

The Modern History of Death Sentences in America<\/h2>\r\n

In 1972, the U.S. Supreme Court in Furman v. Georgia<\/em> effectively struck down the death penalty in all states. The Court essentially found that the arbitrariness of how the death penalty was imposed from state to state amounted to a violation of the prohibition on cruel and unusual punishment in the Eighth Amendment. Thus, a de facto<\/em> moratorium was placed on the death penalty throughout the country.<\/p>\r\n

Following that decision, states began revising and reinstating their death penalty laws to be consistent with Furman<\/em>. By 1979, 35 states had a death penalty law back on their books.<\/p>\r\n

By 1995, the total number of states allowing capital punishment reached an all-time high of 38. However, that number has decreased since then. Currently, sentencing to death is legal in 31 states and illegal in 19 states and the District of Columbia. The increase in states banning capital punishment reflects the American society\u2019s changing attitudes to the death penalty.<\/p>\r\n

Death Penalty Trends Moving Downward<\/h2>\r\n

In the mid-1990s, the death penalty was at a zenith in terms of popularity. The number of executions was steadily increasing up to a high of 98 executions in 1999. The country had experienced the Oklahoma City bombing in 1995, and the death penalty was supported by 80% of the American public. That support, however, did not last, and has steadily decreased ever since. The number of executions was down to 20 in 2016, a marked decrease from the mid-1990s.\u00a0\u00a0 The reasons for the decrease include:<\/p>\r\n