The Death Penalty in the OSCE Area
International Safeguards
Minors
At the federal level, individuals who were below the age of 18 at the time of the crime
cannot be sentenced to death.
On 1 March 2005, in Roper v. Simmons, the United States Supreme Court
decided to abolish the death penalty for defendants who were under the age of 18
when they committed their crimes.58 In its concluding observations in response to the
reports submitted by the United States on the Optional Protocol to the Convention
on the Rights of the Child on the Involvement of Children in Armed Conflict, the
Committee on the Rights of the Child welcomed the application of the Roper v.
Simmons case to the military-justice system.59
Individuals suffering from any form of mental disorder
The United States Supreme Court has ruled that the execution of an insane person
– somebody who is not aware of the impending execution or the reasons for it –
violates the US Constitution.60 Furthermore, the Supreme Court has also ruled that
the execution of a mentally retarded person violates the Constitution.61 In June 2007,
the United States Supreme Court blocked the execution of an inmate because it was
found that the Court of Appeal decision was too restrictive in its interpretation of
what constitutes “insanity” as it was established in an earlier case, Ford v. Wainwright.62
In March 2008, a federal court found the inmate competent to be executed despite
his mental illness.63
Fair-trial guarantees
By statute, Congress provides for the appointment of highly qualified counsel
to represent federal capital defendants at all stages of a capital prosecution, from
indictment through post-conviction review. In addition, the federal government
provides counsel for state capital defendants when their convictions are reviewed
58
See Roper v. Simmons, United States Supreme Court, 1 March 2005.
59 “Concluding observations of the Committee on the Rights of the Child: United States”, UN Doc.
CRC/C/OPAC/USA/CO/1, 6 June 2008, para 4(b).
60
See Ford v. Wainwright, United States Supreme Court, 26 June 1986.
61
See Atkins v. Virginia, United States Supreme Court, 20 June 2002.
62
See Panetti v. Quarterman, United States Supreme Court, 28 June 2007.
63 See Panetti v. Quarterman, United States District Court for the Western District of Texas, 26 March
2008.
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