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

School Climate & Safety K-12 Essentials Forum Strengthen Students’ Connections to School
Join this free event to learn how schools are creating the space for students to form strong bonds with each other and trusted adults.
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
Creating Confident Readers: Why Differentiated Instruction is Equitable Instruction
Join us as we break down how differentiated instruction can advance your school’s literacy and equity goals.
Content provided by Lexia 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
IT Infrastructure & Management Webinar
Future-Proofing Your School's Tech Ecosystem: Strategies for Asset Tracking, Sustainability, and Budget Optimization
Gain actionable insights into effective asset management, budget optimization, and sustainable IT practices.
Content provided by Follett Learning

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 Most Teachers Worry a Shooting Could Happen at Their School
Teachers say their schools could do more to prepare them for an active-shooter situation.
4 min read
Image of a school hallway with icons representing lockdowns, SRO, metal detectors.
via Canva
School Climate & Safety Civil Rights Groups Seek Federal Funding Ban on AI-Powered Surveillance Tools
In a letter to the U.S. Department of Education, the coalition argued these tools could violate students' civil rights.
4 min read
Illustration of human silhouette and facial recognition.
DigitalVision Vectors / Getty
School Climate & Safety Want to Tackle Attendance Apathy? Students Will Show You How
There’s no one-shot solution to chronic absenteeism, but listening to students is a good way to begin.
5 min read
Photo of teenage boy outside of school.
iStock / Getty Images Plus
School Climate & Safety Opinion What Do Restorative Practices Look Like in Schools?
Such practices teach students how to resolve disputes amicably, own their actions, and be empathetic and forgiving.
9 min read
Images shows colorful speech bubbles that say "Q," "&," and "A."
iStock/Getty