The court is expected to hear oral arguments in the case in October 2004 and possibly issue a ruling by spring of 2005. In the Roper v. Simmons briefs have been filed to support abolishing the death penalty for juveniles from everyone from the ACLU, to the American Medical Association, religious organizations, child advocacy groups, and even the Murder Victims' Families for Reconciliation.
There are currently 72 juveniles on death row throughout the United States -- a third of them in Texas. Since 1985, 22 children who were under the age of 18 at the time of their offense have been executed in the U.S.
The Roper v. Simmons case was appealed to the U.S. Supreme Court after the Missouri Supreme Court reversed Christopher Simmons’ death sentence saying the juvenile death penalty violates the Eighth Amendments "evolving standards of decency" test, rather than basing their ruling on state constitutional grounds.
Cruel and Unusual Punishment?
The problem is, the U.S. Supreme Court has never made such a ruling. The juvenile death penalty issue was last addressed in 1989 in the Stanford v. Kentucky case, in which the court refused to re-examine the juvenile death penalty issue. The Missouri court basically made their ruling based on what it believes the Supreme Court will do in the future.Recently, the Supreme Court ruled in the Atkins case that capital punishment for those who are mentally retarded violates the Eighth Amendment's prohibition on cruel and unusual punishment. Opponents of the juvenile death penalty saw in the 6-to-3 ruling the potential for a similar decision banning the execution of juveniles.
But there was a footnote in Atkins specifically drawing a distinction between the death penalty for the mentally retarded and juveniles. Court observers believe that footnote was added to appease Justices Sandra Day O'Connor and Anthony Kennedy, who have not come out in support for abolishing the death penalty for juveniles.
Four justices - Stevens, Souter, Ginsburg and Breyer - have publicly announced their willingness to strike down the juvenile death penalty, leaving either O'Connor or Kennedy as possible tie-breaking votes.
Background Information
- Juvenile Offenders on Death Row
As of June 30, 2004, 72 persons were on death row for juvenile crimes. These 72 condemned juveniles constituted about two percent of the total death row population of 3,487.
Christopher Simmons' Case
Christopher Simmons – who was just 17 years old at the time of his offense – had received a May 1, 2002 execution date in Missouri. Christopher was convicted of murdering Shirley Crook.
Execution of Juveniles
Age requirements for the death penalty in the United States and juveniles executed in the United States in the Modern Era.
Sniper Case Revisits Juvenile Death Penalty
Proponents of the juvenile death penalty have a new three-word pitch for why capital punishment should not be abolished for 16- and 17-year-olds: "Lee Boyd Malvo."
Discussing the Morality of Capital Punishment
Few debates are more emotional than a discussion on the morality of capital punishment. Yet the topic is also one that has been subject to marked shifts in public opinion in recent decades.
