SUPREME COURT BANS EXECUTION OF JUVENILE OFFENDERS
On March 1, 2005, the Court held that the Eighth Amendment forbids imposition of the death penalty on offenders who were under the age of 18 at the time of their crimes.
Below are exceprts from the opinion:
“[T]he objective indicia of consensus in this case — the rejection of the juvenile death penalty in the majority of States; the infrequency of its use even where it remains on the books; and the consistency in the trend toward abolition of the practice — provide sufficient evidence that today our society views juveniles, … as ‘categorically less culpable than the average criminal.’ ”
“When a juvenile offender commits a heinous crime, the State can exact forfeiture of some of the most basic liberties, but the State cannot extinguish his life and his potential to attain a mature understanding of his own humanity.”
“Retribution is not proportional if the law’s most severe penalty is imposed on one whose culpability or blameworthiness is diminished, to a substantial degree, by reason of youth and immaturity.”
‑Justice Kennedy, writing for the majority.
“Perhaps even more important than our specific holding today is our reaffirmation of the basic principle that informs the Court’s interpretation of the Eighth Amendment. If the meaning of that Amendment had been frozen when it was originally drafted, it would impose no impediment to the execution of 7‑year-old children today.”
‑Justice Stevens, concurring in the judgment of the Court.
Read the Supreme Court Opinion.
See DPIC’s Roper v. Simmons page.
See also, Juvenile Death Penalty.
On March 1, 2005, the Court held that the Eighth Amendment forbids imposition of the death penalty on offenders who were under the age of 18 at the time of their crimes.
Below are exceprts from the opinion:
“[T]he objective indicia of consensus in this case — the rejection of the juvenile death penalty in the majority of States; the infrequency of its use even where it remains on the books; and the consistency in the trend toward abolition of the practice — provide sufficient evidence that today our society views juveniles, … as ‘categorically less culpable than the average criminal.’ ”
“When a juvenile offender commits a heinous crime, the State can exact forfeiture of some of the most basic liberties, but the State cannot extinguish his life and his potential to attain a mature understanding of his own humanity.”
“Retribution is not proportional if the law’s most severe penalty is imposed on one whose culpability or blameworthiness is diminished, to a substantial degree, by reason of youth and immaturity.”
‑Justice Kennedy, writing for the majority.
“Perhaps even more important than our specific holding today is our reaffirmation of the basic principle that informs the Court’s interpretation of the Eighth Amendment. If the meaning of that Amendment had been frozen when it was originally drafted, it would impose no impediment to the execution of 7‑year-old children today.”
‑Justice Stevens, concurring in the judgment of the Court.
Read the Supreme Court Opinion.
See DPIC’s Roper v. Simmons page.
See also, Juvenile Death Penalty.
Citation Guide
Youth
Jun 14, 2024
