in capital punishment cases, a situation which would result in "wanton" punishment. Thus, death penalty statutes generally require that certain aggravating circumstances be found and that these aggravating circumstances be weighed against mitigating factors. The mitigating factors which are to be considered cannot be limited by statute and the sentencing body which does the actual balancing must consider all of the mitigating circumstances presented to it.
The Court has decided that American society has evolved to the point that the execution of juveniles should only take place under the gravest of circumstances and that only those near the age of majority should be sentenced to die. Historically, juveniles were not executed frequently in the American justice system. While many were sentenced to die, many fewer were actually executed. The youngest person to be executed was ten years old, but the vast majority were at least fifteen years old at the time they commit
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