James Duckett, a Florida man, was executed due to his involvement in the 1987 rape and murder of 11-year-old Tereasa McAbee. Investigators suspect he may also have victimized Jeanifer Weldon that same year.
Mississippi has enacted a new law, Senate Bill 2821, which includes sexual battery against children under 12 as a crime eligible for the death penalty. This new legislation took effect on July 1. It introduces ‘capital sexual battery’ and allows prosecutors to seek the death penalty for defendants 18 or older if the victims are younger than 12.
The trial process requires a jury to unanimously agree on at least two specific aggravating factors beyond a reasonable doubt before considering the death penalty. For the death penalty to be recommended, a minimum of 8 out of 12 jurors must agree. If the jury does not recommend the death penalty, the mandatory sentence is life imprisonment without parole.
“That is a crime that, I think, shocks the conscience, certainly. Those are the worst types of crimes against the most innocent of our citizens here in Mississippi,” said State Sen. Jeremy England, who authored the bill.
Critics of the law have raised concerns about whether capital punishment effectively deters crimes against young victims. They also worry it might discourage children from reporting abuses, fearing their testimony could result in an execution.
Abraham Bonowitz, executive director of Death Penalty Action, expressed skepticism about the necessity of such measures. Despite once supporting the death penalty, Bonowitz now argues against it, stating life sentences are enough to keep offenders permanently incarcerated.
“There is no need for executions when we can throw away the key,” Bonowitz said.
He also mentioned the potential impact on victims, noting that many children are reluctant to testify against acquaintances or relatives who may face the death penalty if convicted.