Attorney General Opinions

Attorney General opinions.

Sign up for Consumer Alerts

Stay informed on the latest consumer scams.

Attorney General Newsletter

Get updates on the Nebraska Attorney General's Office.

AGO Opinion 82245

April 12, 1982
Senator Ernest Chambers
Member of the Legislature
353 State Capitol
Lincoln, Nebraska 6:509

Dear Senator Chambers:

You have inquired whether the State of Nebraska, through its Legislature, may constitutionally exempt persons under the age of 18 years from the imposition of a sentence of death.

At the present time, we are aware of no constitutional impediment to a state limiting by legislation the class of persons upon which a sentence of death may be imposed. This opinion is limited to the instant question where the limitation is based upon a classification of persons --juveniles -- which is already recognized by our statutes and uniformly granted unique treatment under the criminal laws of this country. See, Neb. Rev. Stat. §§43-201.01 et seq. (Reissue 1978); Neb. Rev. Stat. §43-247, §43-261 and §43-276 (1981 Supp.), operative July I, 1982.

Very truly yours,

PAUL L. DOUGLAS
Attorney General