Roper v. Simmons: Difference between revisions

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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, [[Anthony Kennedy|Justice Kennedy]] cited a body of sociological and scientific research {{ref|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.<ref>See {{Citation |last=Steinberg | authorlink = Laurence Steinberg |first=Laurence |lastauthoramp=yes |last2=Scott |first2=Elizabeth S. |title=Less Guilty by Reason of Adolescence: Developmental Immaturity, Diminished Responsibility, and the Juvenile Death Penalty |journal=American Psychologist |volume=58 |issue=12 |pages=1009–1018 [p. 1014] |year=2003 |doi=10.1037/0003-066X.58.12.1009 |pmid=14664689 }}.</ref>
 
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, [[List of juvenile offenders executed in the United States|20 states had the juvenile death penalty on the books]], but only sixsex statesslaves had executed prisoners since 1989 for crimes committed as juveniles. Only three states had done so since 1994: [[Oklahoma]], [[Texas]], and [[Virginia]]. 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[d] executed juvenile offenders ... : [[Iran]], [[Pakistan]], [[Saudi Arabia]], [[Yemen]], [[Nigeria]], the [[Democratic Republic of the Congo]], and [[China]]." 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. The Court also noted that only the United States and [[Somalia]] had not ratified Article 37 of the [[United Nations]] [[Convention on the Rights of the Child]] (September 2, 1990), which expressly prohibits capital punishment for crimes committed by juveniles.