School Climate & Safety

Court Strikes Down Death Penalty for Juveniles

By Christina A. Samuels — March 08, 2005 2 min read
  • Save to favorites
  • Print

The U.S. Supreme Court last week struck down the death penalty for juvenile offenders, saying that both a national consensus and research on the adolescent brain make it “misguided to equate the failings of a minor with those of an adult.”

The 5-4 decision on March 1 overturned a 1989 Supreme Court ruling that upheld the constitutionality of executing those who were under age 18 at the time of their crimes.

“A greater possibility exists that a minor’s character deficiencies will be reformed,” Justice Anthony M. Kennedy said in the majority opinion. Twenty-two people who were juveniles at the time of their crimes have been executed since the death penalty was reinstated in the 1970s. The ruling will commute the death sentences of 72 people.

The decision came in the appeal of a Missouri death sentence against Christopher Simmons, who was convicted of throwing a woman, bound and gagged, into a river after burglarizing her home in 1993. Mr. Simmons, a 17-year-old high school junior at the time of the offense, had assured his friends they would be able to “get away” with the burglary and murder because they were juveniles, according to court papers.

Justice Kennedy described two foundations for the ruling in Roper v. Simmons.

Many states have already decided not to subject juvenile offenders to the death penalty, he noted. The high court took such “evolving standards of decency” into consideration when it struck down the death penalty for offenders with mental retardation in the case of Atkins v. Virginia in 2002.Eighteen states with the death penalty do not allow that punishment for juveniles; 12 states and the District of Columbia do not have the death penalty at all, Justice Kennedy pointed out.

Justice Kennedy then turned to research to reinforce the court’s view that juvenile offenders are immature and more susceptible than adults to negative influences and outside pressure.

“Once the diminished culpability of juveniles is recognized, it is evident that the penological justifications for the death penalty apply to them with lesser force than to adults,” he wrote.

The ruling also noted that the United States “is the only country in the world that continues to give official sanction to the juvenile death penalty,” Justice Kennedy wrote. He was joined in the majority by Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer.

Fundamentally Different

Writing in dissent, Justice Antonin Scalia said that the majority’s finding of a national consensus was made “on the flimsiest of grounds.” In an opinion joined by Chief Justice William H. Rehnquist and Justice Clarence Thomas, Justice Scalia said the idea that American law must conform to international legal norms should be rejected.

“To invoke alien law when it agrees with one’s own thinking, and ignore it otherwise, is not reasoned decisionmaking, but sophistry,” Justice Scalia wrote.

Justice Sandra Day O’Connor wrote her own dissenting opinion, saying that no national consensus exists on the issue.

A version of this article appeared in the March 09, 2005 edition of Education Week as Court Strikes Down Death Penalty for Juveniles

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Assessment Webinar
Reflections on Evidence-Based Grading Practices: What We Learned for Next Year
Get real insights on evidence-based grading from K-12 leaders.
Content provided by Otus
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Professional Development Webinar
Evidence & Impact: Maximizing ROI in Professional Learning
  Is your professional learning driving real impact? Learn data-driven strategies to design effective PL.
Content provided by New Teacher Center
Budget & Finance Webinar School Finance in an Uncertain Age
Navigating the new school finance reality? Get key insights from the 2025 Allovue Education Finance Survey in partnership.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

School Climate & Safety Spotlight Spotlight on Enhancing School Safety and Emergency Response
This Spotlight will help you explore proactive measures and effective strategies for enhancing school safety and emergency response.
School Climate & Safety Leading a District After a School Shooting Is Hard. These Superintendents Want to Help
A network of superintendents who've led districts after school shootings plans to support colleagues recovering from similar crises.
4 min read
Photograph of crime scene tape and school.
F. Sheehan for Education Week / Getty
School Climate & Safety States Emphasize School Violence Prevention, Not Just Security
In the wake of school shootings in their states last year, legislators hope to avert future tragedies.
7 min read
Local residents pray during a candlelight vigil following a shooting at Perry High School, on Jan. 4, 2024, in Perry, Iowa.
Local residents pray during a candlelight vigil following a shooting at Perry High School, on Jan. 4, 2024, in Perry, Iowa. The deaths in school shootings last year have led to new legislation in a half-dozen states.
Charlie Neibergall/AP
School Climate & Safety Leader To Learn From One Leader’s Plan to Cut Chronic Absenteeism—One Student at a Time
Naomi Tolentino helps educators in Kansas City, Kan., support strong school attendance.
9 min read
Naomi Tolentino Miranda leads a meeting on student attendance at J.C. Harmon High School on Jan. 16, 2025 in Kansas City, Kansas. Tolentino Miranda showed school administrators recent data reflecting positive progress in combating chronic absenteeism.
Naomi Tolentino leads a meeting on student attendance at J.C. Harmon High School on Jan. 16, 2025 in Kansas City, Kansas. Tolentino showed school administrators recent data reflecting positive progress in combating chronic absenteeism.
Erin Woodiel for Education Week