Roper v. Simmons
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''Roper v. Simmons'', 543 U.S. 551 (2005), was a
landmark decision Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly u ...
in which the
Supreme Court of the United States 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 ...
held that it is
unconstitutional Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
to impose
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 ...
for crimes committed while under the age of 18. The 5–4 decision overruled ''
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 ...
'',. in which the court had upheld execution of offenders at or above age 16, and overturned statutes in 25 states.


Background

In 1993, in the state of
Missouri Missouri is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it is bordered by eight states (tied for the most with Tennessee ...
, 17-year-old Christopher Simmons, along with two younger friends, Charles Benjamin and John Tessmer, concocted a plan to murder Shirley Nite Crook. The plan was to commit
burglary Burglary, also called breaking and entering and sometimes housebreaking, is the act of entering a building or other areas without permission, with the intention of committing a criminal offence. Usually that offence is theft, robbery or murder ...
and
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
by breaking and entering, tying up a victim. The three met in the middle of the night; however, Tessmer dropped out of the plot. Simmons and Benjamin broke into Mrs. Nite Crook's home, bound her hands and covered her eyes. They drove her to a
state park State parks are parks or other protected areas managed at the sub-national level within those nations which use "state" as a political subdivision. State parks are typically established by a state to preserve a location on account of its natural ...
and threw her off a bridge. Later she was found dead by drowning; she was 46 years of age. Once the case was brought to trial, the
evidence Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidenc ...
was overwhelming. Simmons had confessed to the murder, performed a videotaped reenactment at the crime scene, and there was testimony from Tessmer against him that showed
premeditation Malice aforethought is the "premeditation" or "predetermination" (with malice) required as an element of some crimes in some jurisdictions and a unique element for first-degree or aggravated murder in a few. Insofar as the term is still in use, ...
(Simmons discussed the plot in advance and later bragged about the crime). The jury returned a guilty verdict. Even considering
mitigating factor In criminal law, a mitigating factor, also known as an extenuating circumstance, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sente ...
s (no criminal history and his age), the jury recommended a death sentence, which the trial court imposed. Simmons moved for the trial court to set aside the conviction and sentence, citing, in part, ineffective assistance of counsel. His age, and thus impulsiveness, along with a troubled background, were brought up as issues that Simmons claimed should have been raised at the sentencing phase. The trial court rejected the motion, and Simmons appealed. The case worked its way up the court system, with the courts continuing to uphold the death sentence. However, in light of a 2002 U.S. Supreme Court ruling, in ''
Atkins v. Virginia ''Atkins v. Virginia'', 536 U.S. 304 (2002), is a case in which the Supreme Court of the United States ruled 6-3 that executing people with intellectual disabilities violates the Eighth Amendment's ban on cruel and unusual punishments, but states ...
'',. that overturned the death penalty for the
intellectually disabled Intellectual disability (ID), also known as general learning disability in the United Kingdom and formerly mental retardation,Rosa's Law, Pub. L. 111-256124 Stat. 2643(2010). is a generalized neurodevelopmental disorder characterized by signific ...
, Simmons filed a new petition for state post-conviction relief. The
Supreme Court of Missouri The Supreme Court of Missouri is the highest court in the state of Missouri. It was established in 1820 and is located at 207 West High Street in Jefferson City, Missouri. Missouri voters have approved changes in the state's constitution to give ...
concluded that "a national consensus has developed against the execution of juvenile offenders" and held that such punishment now violates the Eighth Amendment's prohibition of cruel and unusual punishment. They sentenced Simmons to life imprisonment without parole. The State of Missouri appealed the decision to the U.S. Supreme Court, which agreed to hear the case.


Opinion of the Court

This case was argued on October 13, 2004. The appeal challenged the constitutionality of capital punishment for persons who were juveniles when their crimes were committed, citing the Eighth Amendment protection against
cruel and unusual punishment Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisd ...
. A 1988 Supreme Court decision, ''
Thompson v. Oklahoma ''Thompson v. Oklahoma'', 487 U.S. 815 (1988), was the first case since the moratorium on capital punishment was lifted in the United States in which the U.S. Supreme Court overturned the death sentence of a minor on grounds of "cruel and unusual ...
'', barred execution of offenders under the age of 16. In 1989, another case, ''
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 ...
,'' upheld the possibility of capital punishment for offenders who were 16 or 17 years old when they committed the capital offense. The same day in 1989, the Supreme Court ruled in '' Penry v. Lynaugh'' that it was permissible to execute the intellectually disabled. However, in 2002, that decision was overruled in ''
Atkins v. Virginia ''Atkins v. Virginia'', 536 U.S. 304 (2002), is a case in which the Supreme Court of the United States ruled 6-3 that executing people with intellectual disabilities violates the Eighth Amendment's ban on cruel and unusual punishments, but states ...
,'' where the Court held that evolving standards of decency had made the execution of the mentally retarded "cruel and unusual punishment" and thus unconstitutional. Under the "evolving standards of decency" test, the Court held that it was cruel and unusual punishment to execute a person who was under the age of 18 at the time of the murder. Writing for the majority,
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 ...
cited a body of sociological and scientific research that found that juveniles have a lack of maturity and sense of responsibility compared to adults. Adolescents were found to be over-represented statistically in virtually every category of reckless behavior. The Court noted that in recognition of the comparative immaturity and irresponsibility of juveniles, almost every state prohibited those under age 18 from voting, serving on juries, or marrying without parental consent. The studies also found that juveniles are more vulnerable to negative influences and outside pressures, including peer pressure. They have less control, or experience with control, over their own environment. They also lack the freedom that adults have, to escape a criminogenic setting. In support of the "national consensus" position, the Court noted that states were reducing the frequency by which they applied capital punishment to juvenile offenders. At the time of the decision, 20 states had the juvenile death penalty on the books, but only six states had executed prisoners since 1989 for crimes committed as juveniles. Only three states had done so since 1994:
Oklahoma Oklahoma (; Choctaw language, Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a U.S. state, state in the South Central United States, South Central region of the United States, bordered by Texas on the south and west, Kansas on the nor ...
,
Texas Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
, and
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
. Furthermore, five of the states that allowed the juvenile death penalty at the time of the 1989 case had since abolished it. The Court also looked to practices in other countries to support the holding. Between 1990 and the time of the case, the court said, "only seven countries other than the United States ha executed juvenile offenders ... :
Iran Iran, officially the Islamic Republic of Iran, and also called Persia, is a country located in Western Asia. It is bordered by Iraq and Turkey to the west, by Azerbaijan and Armenia to the northwest, by the Caspian Sea and Turkmeni ...
,
Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
,
Saudi Arabia Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the fifth-largest country in Asia, the second-largest in the A ...
,
Yemen Yemen (; ar, ٱلْيَمَن, al-Yaman), officially the Republic of Yemen,, ) is a country in Western Asia. It is situated on the southern end of the Arabian Peninsula, and borders Saudi Arabia to the Saudi Arabia–Yemen border, north and ...
,
Nigeria Nigeria ( ), , ig, Naìjíríyà, yo, Nàìjíríà, pcm, Naijá , ff, Naajeeriya, kcg, Naijeriya officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf o ...
, the
Democratic Republic of the Congo The Democratic Republic of the Congo (french: République démocratique du Congo (RDC), colloquially "La RDC" ), informally Congo-Kinshasa, DR Congo, the DRC, the DROC, or the Congo, and formerly and also colloquially Zaire, is a country in ...
, and
China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
." Justice Kennedy noted that since 1990, each of those countries had either abolished the death penalty for juveniles or made public disavowal of the practice, and that the United States stood alone in allowing execution of juvenile offenders; however,
Saudi Arabia Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the fifth-largest country in Asia, the second-largest in the A ...
,
Iran Iran, officially the Islamic Republic of Iran, and also called Persia, is a country located in Western Asia. It is bordered by Iraq and Turkey to the west, by Azerbaijan and Armenia to the northwest, by the Caspian Sea and Turkmeni ...
,
Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
, and
Yemen Yemen (; ar, ٱلْيَمَن, al-Yaman), officially the Republic of Yemen,, ) is a country in Western Asia. It is situated on the southern end of the Arabian Peninsula, and borders Saudi Arabia to the Saudi Arabia–Yemen border, north and ...
continued to execute juvenile offenders after 2005, with Iran executing 3 juvenile offenders in January 2018 alone. Executions of juveniles have also been reported in
South Sudan South Sudan (; din, Paguot Thudän), officially the Republic of South Sudan ( din, Paankɔc Cuëny Thudän), is a landlocked country in East Africa. It is bordered by Ethiopia, Sudan, Central African Republic, Democratic Republic of the C ...
. The Court also noted that only the United States and
Somalia Somalia, , Osmanya script: 𐒈𐒝𐒑𐒛𐒐𐒘𐒕𐒖; ar, الصومال, aṣ-Ṣūmāl officially the Federal Republic of SomaliaThe ''Federal Republic of Somalia'' is the country's name per Article 1 of thProvisional Constituti ...
had not ratified Article 37 of the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
Convention on the Rights of the Child The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Con ...
(September 2, 1990), which expressly prohibits capital punishment for crimes committed by juveniles. (Somalia went on to ratify it in 2015.)


Dissents

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 ...
wrote a dissent joined by
Chief Justice Rehnquist William Hubbs Rehnquist ( ; October 1, 1924 – September 3, 2005) was an American attorney and jurist who served on the Supreme Court of the United States, U.S. Supreme Court for 33 years, first as an Associate justice of the Supreme Court of ...
and Justice Thomas. Justice O'Connor also wrote a dissenting opinion. The dissents put into question whether a "national consensus" had formed among the state laws, citing the fact that at the time of the ruling, only 18 of the 38 states allowing the death penalty (47%) prohibited the execution of juveniles. However, the primary objection of the Court's two originalists, Justices Scalia and Thomas, was whether such a consensus was relevant. Justice Scalia argued that the appropriate question was not whether there was presently a consensus against the execution of juveniles, but rather whether the execution of such defendants was considered cruel and unusual at the point at which the
Bill of Rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
was ratified. In addition, Justice Scalia also objected in general to the Court's willingness to take guidance from foreign law in interpreting the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...
; his dissent questioned not only the relevance of foreign law but also claimed the Court would "invoke alien law when it agrees with one's own thinking, and ignore it otherwise", noting that in the case of
abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
, U.S. laws are less restrictive than the international norm. Scalia also attacked the majority opinion as being fundamentally antidemocratic. His dissent cited a passage from ''
The Federalist Papers ''The Federalist Papers'' is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay under the collective pseudonym "Publius" to promote the ratification of the Constitution of the United States. The co ...
'' in arguing that the role of the judiciary in the constitutional scheme is to interpret the law as formulated in democratically selected legislatures. He argued that the Court exists to rule on what the law ''says'', not what it ''should'' say, and that it is for the ''legislature'', acting in the manner prescribed in Article V of the Constitution to offer amendments to the Constitution in light of the evolving standard of decency, not for the ''Court'' to arbitrarily make ''de facto'' amendments. He challenged the right of unelected lawyers to discern moral values and to impose them on the people in the name of flexible readings of the constitutional text.


Implications


Impact on other death row prisoners

In addition to striking down the death sentence of Christopher Simmons, the Supreme Court's decision in ''Roper v. Simmons'' also canceled the death sentences of 72 others for crimes they committed while younger than age 18. The greatest effects were in Texas, where 29 juvenile offenders were awaiting execution, and in Alabama, where 13 on death row had been sentenced as juveniles. No other state had more than five such offenders on death row. Prior to the ''Roper'' decision, there had been 22 executions since 1976 of individuals who were juveniles at the time they committed the crime; 13 were in Texas.


Constitutional jurisprudence

The majority ruling highlighted several controversies in the field of constitutional
jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...
. The first is the use of the concept of an evolving "national consensus" to allow for the re-interpretation of previous rulings. In this case, the evolving consensus was influenced by behavioral and other research studies, such as those presented to the court in an
amicus brief An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on ...
by the
American Psychological Association The American Psychological Association (APA) is the largest scientific and professional organization of psychologists in the United States, with over 133,000 members, including scientists, educators, clinicians, consultants, and students. It ha ...
. What constitutes evidence for such a consensus—and from where the judicial branch derives its authority to determine it and implement it into law, a function constitutionally vested in the legislative branch, especially in the case of capital punishment—is unclear at this point. In ''Roper v. Simmons'' the majority cited the abolishment of juvenile capital punishment in 30 states (18 of the 38 allowing capital punishment) as evidence of such a consensus. In ''
Atkins v. Virginia ''Atkins v. Virginia'', 536 U.S. 304 (2002), is a case in which the Supreme Court of the United States ruled 6-3 that executing people with intellectual disabilities violates the Eighth Amendment's ban on cruel and unusual punishments, but states ...
'', it was the "consensus" of the 30 states (18 of 38 allowing capital punishment) that had banned execution of the mildly retarded. Another controversy is the role of foreign laws and norms in the interpretation of U.S. law. In 2004
Representative Representative may refer to: Politics *Representative democracy, type of democracy in which elected officials represent a group of people *House of Representatives, legislative body in various countries or sub-national entities *Legislator, someon ...
Tom Feeney Thomas Charles Feeney III (born May 21, 1958) is an American politician from Orlando, Florida. He represented . He was defeated in the 2008 election by Democrat Suzanne Kosmas. Early life He was born in Abington, Pennsylvania, a suburb of Phi ...
(FL-R) introduced a non-binding resolution instructing the judiciary to ignore foreign precedent when making their rulings: "This resolution advises the courts they are no longer engaging in 'good behavior' in the meaning of the Constitution and they may subject themselves to the ultimate remedy, which would be impeachment."


Beltway sniper case

The implications of this ruling were immediately felt in the State of
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
, where
Lee Boyd Malvo Lee Boyd Malvo (born February 18, 1985), also known as John Lee Malvo, is a convicted murderer who, along with John Allen Muhammad, committed a series of murders dubbed the D.C. sniper attacks over a three-week period in October 2002. Malvo was a ...
became no longer eligible for the death penalty for his role in the
Beltway sniper attacks The D.C. sniper attacks (also known as the Beltway sniper attacks) were a series of coordinated shootings that occurred during three weeks in October 2002 throughout the Washington metropolitan area, consisting of the District of Columbia, Mary ...
that terrorized the
Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
area in October 2002. At the time of the attacks, Malvo was 17 years old. Malvo had already been spared the death penalty in his first trial for the murder of
FBI The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and its principal Federal law enforcement in the United States, federal law enforcement age ...
employee Linda Franklin in
Falls Church, Virginia Falls Church is an independent city (United States), independent city in the Commonwealth (U.S. state), Commonwealth of Virginia. As of the 2020 United States Census, 2020 census, the population was 14,658. Falls Church is included in the Wash ...
, and had pleaded guilty in another case in
Spotsylvania County Spotsylvania County is a county (United States), county in the U.S. state of Virginia. As of the July 2021 estimate, the population was 143,676. Its county seat is Spotsylvania Courthouse, Virginia, Spotsylvania Courthouse. History At the time ...
; however, he had yet to face trial in
Prince William County, Virginia Prince William County is located on the Potomac River in the U.S. state of Virginia. As of the 2020 census, the population sits at 482,204, making it Virginia's second-most populous county. Its county seat is the independent city of Manassas ...
, as well as in
Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
,
Washington state Washington (), officially the State of Washington, is a state in the Pacific Northwest region of the Western United States. Named for George Washington—the first U.S. president—the state was formed from the western part of the Washington ...
,
Texas Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
,
Maryland Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to ...
,
Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
,
California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
,
Arizona Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
and
Alabama (We dare defend our rights) , anthem = "Alabama (state song), Alabama" , image_map = Alabama in United States.svg , seat = Montgomery, Alabama, Montgomery , LargestCity = Huntsville, Alabama, Huntsville , LargestCounty = Baldwin County, Al ...
. In light of this Supreme Court decision, the prosecutors in Prince William County decided not to pursue the charges against Malvo. At the outset of the Beltway sniper prosecutions, the primary reason for extraditing the two suspects from
Maryland Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to ...
, where they were arrested, to Virginia, was the difference in how the two states deal with the death penalty. While the death penalty was allowed in Maryland, it was only applied to persons who were adults at the time of their crimes, whereas Virginia had also allowed the death penalty for offenders who had been juveniles when their crimes were committed.


Further developments

In ''Ex parte Adams'', the
Supreme Court of Alabama The Supreme Court of Alabama is the highest court in the state of Alabama. The court consists of a chief justice and eight associate justices. Each justice is elected in partisan elections for staggered six-year terms. The Supreme Court is house ...
remanded the death sentence of a juvenile for a rehearing in the lower court in light of the ''Roper'' decision, which was released while the Adams case was pending
appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
. Justice Tom Parker, who had participated in the
prosecution A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial ...
of the case,
recused Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer. Applica ...
himself. He published an
op-ed An op-ed, short for "opposite the editorial page", is a written prose piece, typically published by a North-American newspaper or magazine, which expresses the opinion of an author usually not affiliated with the publication's editorial board. O ...
in ''
The Birmingham News ''The Birmingham News'' is the principal newspaper for Birmingham, Alabama, United States. The paper is owned by Advance Publications and was a daily newspaper from its founding through September 30, 2012. After that day, the ''News'' and its two ...
'' to criticize his non-recused colleagues for their decision. Justice Parker wrote that "State supreme courts may decline to follow bad U.S. Supreme Court
precedent A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great valu ...
s because those decisions bind only the parties to the particular case". The State sought review in the U.S. Supreme Court, raising a single issue, "Whether this Court should reconsider its decision in ''Roper v. Simmons'', 543 U.S. 551 (2005)". The Supreme Court denied ''
certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of ...
'' (i.e., declined to take the case for review) on June 19, 2006, without a published dissent.


See also

* ''
Kennedy v. Louisiana ''Kennedy v. Louisiana'', 554 U.S. 407 (2008), is a landmark decision by the Supreme Court of the United States that held that the Eighth Amendment's Cruel and Unusual Punishments Clause prohibits imposing the death penalty for the rape of a chi ...
'' (2008) * ''
Graham v. Florida ''Graham v. Florida'', 560 U.S. 48 (2010), was a decision by the Supreme Court of the United States holding that juvenile offenders cannot be sentenced to life imprisonment without parole for non-homicide offenses. In June 2012, in the related ...
'' (2010) * ''
Miller v. Alabama ''Miller v. Alabama'', 567 U.S. 460 (2012), was a United States Supreme Court case in which the Court held that ''mandatory'' sentences of life without the possibility of parole are unconstitutional for juvenile offenders. The ruling applied even ...
'' (2012) *
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 ...


Notes


References

* Lane, Charles (March 2, 2005
5-4 Supreme Court Abolishes Juvenile Executions
''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'', p. A01. * Boorstein, Michelle (October 27, 2004
Malvo Gets Two More Life Terms, Teen Sniper Enters Plea In Spotsylvania Attacks
''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'', p. B01. * . * .


External links

*
Death Penalty Information Center – Juvenile Offenders Who Were On Death Row
{{DEFAULTSORT:Roper v. Simmons United States Supreme Court decisions that overrule a prior Supreme Court decision United States children's rights case law United States Supreme Court cases Cruel and Unusual Punishment Clause and death penalty case law Capital punishment in Missouri 2005 in United States case law Capital punishment for juveniles Cruel and Unusual Punishment Clause case law United States Supreme Court cases of the Rehnquist Court