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As in several other states, Kentucky passed legislation to get tough with juveniles and battle a rising tide of delinquency and violent crime. The necessity of this policy was unquestioned. This analysis examines national juvenile crime statistics and data on juvenile homicides in Kentucky. It uses the Barnett scale to examine whether juvenile murderers were more deliberate, random, or vicious killers over time. The results of the study do not support the get tough movement or the continued availability of the death penalty for juveniles in Kentucky.

This study uses the Barnett scale of homicide severity to analyze the capital sentencing process in Kentucky. In his analysis of Georgia cases, Barnett found that whites were disproportionately the victims of homicides that the scale considered as most serious. This conclusion was cited as an explanation for racial disparity in capital sentencing. When the scale is applied to Kentucky data and the level of seriousness of the murder is controlled, however, we Jind that prosecutors were more likely to seek the death penalty in cases in which blacks killed whites and that juries were more likely to sentence to death blacks who killed whites.