Historical context document

History of the juvenile death penalty: key events in the United States

📰 The Washington Post, July 19, 1988Context for the Fortune Ferguson Jr. collection

This is the text extracted from the Washington Post archive document held in this collection. The original PDF is available via the link to the right.

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How to use this document: This 1988 Washington Post chronology was compiled in the context of Thompson v. Oklahoma, when the Supreme Court was actively debating juvenile capital punishment. It situates Fortune Ferguson Jr.'s 1927 execution within a longer national timeline. Dates and ages in this source should be cross-checked against primary court and register records ; the document notes that Ferguson was 13 at the time of the crime, while Brandon Jett's 2024 scholarship places him at 16. The discrepancy is itself part of the historical record.

Key events in juvenile execution history

1642

First documented execution for a juvenile crime in the United States. Thomas Graunger, 16, was hanged in Plymouth Colony for having sexual intercourse with livestock.

1885

James Arcene, a Cherokee Indian, was hanged in Arkansas for participating in a robbery and murder at age 10 ; the youngest offender ever executed in the U.S.

1927 ; Fortune Ferguson Jr.

Fortune Ferguson Jr. was executed in Florida for raping an 8-year-old girl. The Washington Post records him as 13 at the time of the crime ; the youngest offender executed in the twentieth century, according to this source. He was the first person executed in Florida's newly installed electric chair. See also: Jett (2024) for the scholarly record of his case.

1944

George Junius Stinney Jr., 14, was electrocuted in South Carolina for the murder of an 11-year-old girl. Stinney was so small that authorities reportedly had trouble strapping him into the electric chair. His conviction was vacated by a South Carolina court in 2014.

1940s

Peak decade for juvenile executions in the United States. 53 persons were executed for crimes committed before age 18.

1964

Last juvenile execution for 21 years.

1985–1986

Juvenile executions resume. Charles Rumbaugh (Texas), James Terry Roach (South Carolina), and Jay Kelly Pinkerton (Texas) were executed for crimes committed at age 17.

Key Supreme Court decisions

1972 ; Furman v. Georgia

The Supreme Court ruled the death penalty as then applied was unconstitutional. "Evolving standards of decency which mark the progress of a maturing society" became the constitutional test.

1976 ; Gregg v. Georgia

Death penalty statutes held constitutional provided juries have adequate sentencing discretion.

1976 ; Jurek v. Texas

A companion case to Gregg. The Court said a sentencing jury could "look to the age of the defendant" in deciding between death and life imprisonment.

1978 ; Lockett v. Ohio

Sentencing juries and judges must consider all relevant mitigating factors, including youth.

1982 ; Eddings v. Oklahoma

The Court declined to rule on the constitutionality of the juvenile death penalty but wrote that "youth is more than a chronological fact. It is a time and condition of life when a person may be most susceptible to influence and psychological damage."

1983

American Bar Association adopted a resolution opposing the death penalty for crimes committed before age 18.

1988 ; Thompson v. Oklahoma

The Court overturned the death sentence of a defendant who committed murder at 15, but fell one vote short of barring all capital punishment for crimes committed before age 16. Justice O'Connor's concurrence was decisive. This ruling was the immediate context for the Washington Post's publication of this timeline.

Research note: The Supreme Court would later extend constitutional limits further. Atkins v. Virginia (2002) barred execution of intellectually disabled persons; Roper v. Simmons (2005) barred execution for crimes committed before age 18. These rulings came decades after Fortune Ferguson's execution and after the executions documented in this timeline. Understanding the legal landscape at the time of an execution, not the law as it later developed, is essential for accurate historical interpretation.