Juveniles on Death Row 267Terry's execution was carried out. Although Terry had reached the chronological age of
25 at the time of his execution, his mental age remained fixed at 12. (Roach i>. Aikat, 1986)Literature ReviewThe case of Terry Roach depicts both the gravity of crimes that are committed by
juveniles as well as the tragedy of executing an individual who only has the men-
tal capacity of a 12-year-old boy. This case demonstrates the need to explore the
sociological, criminological, and psychological dynamics of capital punishment for
juvenile offenders. In March of 1997, juveniles on death row constituted approx-
imately 2% of that total population (Streib, 1998). All of these offenders were
males who received death sentences for murder. Of these 58 juveniles, 49% were
African American, 17% Latino, and 34% Caucasian. This is consistent with the
high percentage of minority executions that are found in adult capital punishment
cases as well. Moreover, 59% of the executed juvenile offenders were convicted of
murdering a Caucasian adult.
From a criminological stance, punishment for crime serves one of three primary
purposes: (1) deterrence, (2) retribution, or (3) rehabilitation. For obvious reasons,
the death penalty cannot serve a rehabilitative function. However, rehabilitation is
the premise of the juvenile justice system in America. Therefore, the basic assertion
of the juvenile justice system (i.e., rehabilitation of juvenile offenders) is inherently
incompatible with the death penalty.
Capital punishment has been further examined in its relationship to deterrence
of criminal activity. The Federal Bureau of Investigation Uniform Crime Reports
indicate that since the death penalty was reinstated in 1976, the number of death-
row inmates and executions have increased substantially. There has, however, been
virtually no change in the commission rate of murders (FBI, 1997). Furthermore,
comparisons between those states which utilize the death penalty and those that
do not reveal that the majority of death-penalty states have higher rates of murder.
This finding supports those who oppose the death penalty because it shows how
capital punishment fails to deter crime (FBI, 1997).
Particularly in the case of Terry Roach, it is highly unlikely that his execution will
cleter others like him. His attorney addressed the improbability of a deterrence effect,
stating that Terry (and those with similar problems) did not have the ability to think
more than a few hours in advance and could likely not even conceive of possibilities
for his actions such as arrest or execution (Streib, 1987). This is consistent with devel-
opmental theory, which acknowledges that adolescents have a deficient understand-
ing of mortality. This furthers the previous discussion on rehabilitation in the juve-
nile justice system. According to his attorney, Terry lacked the ability to think about
the consequences of his actions. This is common among adolescents and certainly to
be expected from a mentally retarded adolescent. The public outrage at Terry's sen-
tence illustrates the general perception that the punishment did not fit the offender.
Constitutional law focuses primarily on the fact that the death penalty for ju-
venile offenders is in violation of the Eighth Amendment. In 1976, the landmark