Thompson v. Oklahoma
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''Thompson v. Oklahoma'', 487 U.S. 815 (1988), was the first case since the moratorium on
capital punishment Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
was lifted in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
in which the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
overturned the death sentence of a minor on grounds of "cruel and unusual punishment." The holding in ''Thompson'' was expanded on by '' Roper v. Simmons'' (2005), where the Supreme Court extended the "evolving standards" rationale to those under 18 years old.


Background

William Wayne Thompson was a 15-year-old
repeat offender Recidivism (; from ''recidive'' and ''ism'', from Latin ''recidīvus'' "recurring", from ''re-'' "back" and ''cadō'' "I fall") is the act of a person repeating an undesirable behavior after they have experienced negative consequences of th ...
from
Grady County, Oklahoma Grady County is a county located in the U.S. state of Oklahoma. As of the 2010 census, the population was 52,431. Its county seat is Chickasha. It was named for Henry W. Grady, an editor of the ''Atlanta Constitution'' and southern orator.
. His sister, Vicki, was married to Charles Keene, who was accused of beating Vicki and William. William and three other men (Tony Mann, Richard Jones, and Bobby Glass) then kidnapped Charles on the night of January 23, 1983, in
Amber, Oklahoma Amber is a town in Grady County, Oklahoma, United States. The population was 419 at the 2010 census. Geography Amber is located at (35.159613, -97.878766). According to the United States Census Bureau, the town has a total area of , all lan ...
. Charles attempted to escape, running to neighbor John "Possum" Brown's door. He reportedly knocked on the door and screamed, "Possum, open the door, they're going to kill me". Brown opened the door, only to see four men dragging Keene from the door and beating him. When Brown called the police, the assailants grabbed Keene and fled. Keene's body was found later in the nearby river, his body split throat to the abdomen. He had multiple bruises and two gunshot wounds, along with a concrete block tied to his legs. William was arrested after Vicki confessed to the police that William said that "he had taken care of him." The three other assailants were convicted of murder and sentenced to death; Richard Jones later had his sentence repealed. Bobby Glass was murdered in prison. After Thompson was arrested he underwent psychiatric evaluation to determine whether he was eligible to stand trial as an adult. He was found responsible for his deeds and convicted by the District Court of Grady County in
Chickasha, Oklahoma Chickasha is a city in and the county seat of Grady County, Oklahoma, United States. The population was 16,036 at the 2010 census. Chickasha is home to the University of Science and Arts of Oklahoma. The city is named for and strongly connecte ...
. He was sentenced to death by the jury.


Appeals

Thompson's attorneys first attempted to appeal the case on the basis of inflammatory photographs used by the prosecution to allegedly provoke the jury. Although the Oklahoma Court of Criminal Appeals found that two of the photographs should have been excluded from the trial, the overwhelming evidence meant that the case was affirmed by the appellate court. Due to Thompson's rapidly approaching execution, his attorneys subsequently filed his case with the Supreme Court, saying that the execution of a juvenile was unconstitutional under the Eighth Amendment's "Cruel and Unusual Punishment" clause.


Opinion of the Court

The Court voted 5-3 in favor of Thompson (
Justice Kennedy Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by Preside ...
did not participate), holding that Thompson's execution would violate the
Eighth Amendment to the United States Constitution The Eighth Amendment (Amendment VIII) to the United States Constitution protects against imposing excessive bail, excessive fines, or cruel and unusual punishments. This amendment was adopted on December 15, 1791, along with the rest of the ...
as applied to the states through the Fourteenth Amendment. A plurality opinion by
Justice Stevens John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-olde ...
noted the "evolving standards of decency that mark the progress of a maturing society" as a primary rationale for the decision - an opinion that was strongly rejected in
Justice Scalia Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectua ...
's dissent. The plurality also noted that numerous U.S. jurisdictions and all industrialized Western nations had banned the execution of minors under 16 years of age.''Thompson'', 487 U.S. at 830-31.


Aftermath

Thompson was later resentenced to life in prison with the possibility of parole. As of 2015, William Wayne Thompson and Tony Mann are still incarcerated. Thompson was granted parole in 2003, but that was later overturned by Oklahoma governor
Brad Henry Charles Bradford Henry (born July 10, 1963) is an American lawyer and politician who was the 26th governor of Oklahoma from 2003 to 2011. A member of the Democratic Party, he was elected governor in 2002. Henry won re-election for a second term ...
. His sister Vicki is currently campaigning to parole her brother.


See also

*
Capital punishment for juveniles in the United States Capital punishment for juveniles in the United States existed until March 2, 2005, when the U.S. Supreme Court ruled it unconstitutional in '' Roper v. Simmons''. Prior to ''Roper'', there were 71 people on death row in the United States for crim ...
*''
Stanford v. Kentucky ''Stanford v. Kentucky'', 492 U.S. 361 (1989), was a United States Supreme Court case that sanctioned the imposition of the death penalty on offenders who were at least 16 years of age at the time of the crime.. This decision came one year afte ...
'' (1989) – held that capital punishment was permissible for those aged 16 or 17 at the time of the offence *'' Roper v. Simmons'' (2005) – held that capital punishment is unconstitutional where offender was aged under 18 at the time of the offence *'' Atkins v. Virginia'' (2002) – held that capital punishment is unconstitutional for those with intellectual disabilities *
List of United States Supreme Court cases, volume 487 This is a list of all United States Supreme Court cases from volume 487 of the ''United States Reports The ''United States Reports'' () are the official record ( law reports) of the Supreme Court of the United States. They include rulings, or ...
*
List of United States Supreme Court cases This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief J ...
*
Lists of United States Supreme Court cases by volume The following is a complete list of cases decided by the United States Supreme Court organized by volume of the ''United States Reports'' in which they appear. This is a list of volumes of ''U.S. Reports'', and the links point to the contents of e ...
*
List of United States Supreme Court cases by the Rehnquist Court This is a partial chronological list of cases decided by the United States Supreme Court during the Rehnquist Court, the tenure of Chief Justice William Rehnquist from September 26, 1986, through September 3, 2005. The cases are listed chronolo ...


References


External links

*{{caselaw source , case = ''Thompson v. Oklahoma'', {{ussc, 487, 815, 1988, el=no , cornell =https://www.law.cornell.edu/supremecourt/text/487/815 , courtlistener =https://www.courtlistener.com/opinion/112142/thompson-v-oklahoma/ , findlaw = https://caselaw.findlaw.com/us-supreme-court/487/815.html , googlescholar = https://scholar.google.com/scholar_case?case=11371923587626073007 , justia =https://supreme.justia.com/cases/federal/us/487/815/case.html , loc =http://cdn.loc.gov/service/ll/usrep/usrep487/usrep487815/usrep487815.pdf , oyez =https://www.oyez.org/cases/1987/86-6169 United States Supreme Court cases Cruel and Unusual Punishment Clause and death penalty case law Capital punishment in Oklahoma Legal history of Oklahoma 1988 in United States case law Capital punishment for juveniles Grady County, Oklahoma Cruel and Unusual Punishment Clause case law United States Supreme Court cases of the Rehnquist Court