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
Reading & Literacy Webinar
(Re)Focus on Dyslexia: Moving Beyond Diagnosis & Toward Transformation
Move beyond dyslexia diagnoses & focus on effective literacy instruction for ALL students. Join us to learn research-based strategies that benefit learners in PreK-8.
Content provided by EPS Learning
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
Teaching Webinar
Cohesive Instruction, Connected Schools: Scale Excellence District-Wide with the Right Technology
Ensure all students receive high-quality instruction with a cohesive educational framework. Learn how to empower teachers and leverage technology.
Content provided by Instructure
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
School Climate & Safety Webinar
How to Use Data to Combat Bullying and Enhance School Safety
Join our webinar to learn how data can help identify bullying, implement effective interventions, & foster student well-being.
Content provided by Panorama Education

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 Opinion ‘Homemade’ Solutions to School Safety Can Be Fire Hazards. Here’s What to Know
With the threat of school shootings, it’s natural to guard against intruders. However, this urgency can lead to equally unsafe measures.
Lauris Freidenfelds
4 min read
Photo of chained school doors.
istock
School Climate & Safety How Did School Discipline Get Dragged Into the Presidential Election?
Former President Donald Trump and Vice President Kamala Harris have different track records on racial disparities in school discipline.
9 min read
Photo of teen girl waiting outside office.
iStock
School Climate & Safety Prepared But Not Scared: Biden Orders New Guidance on School Drills
Biden ordered new federal guidance on active shooter drills in schools.
3 min read
President Joe Biden signs an executive order that aims to help schools make active shooter drills less traumatic for students, during an event with Vice President Kamala Harris and others in the East Room of the White House in Washington, Sept. 26, 2024.
President Joe Biden signs an executive order that aims to help schools make active shooter drills more effective and less traumatic for students during an event with Vice President Kamala Harris and others in the East Room of the White House in Washington, Sept. 26, 2024.
Susan Walsh/AP
School Climate & Safety Preparing for and Responding to School Threats: Resources for Administrators
Resources to help schools prepare for and respond to threats of violence.
4 min read
Photograph of crime scene tape and school.
F. Sheehan for Education Week / Getty