roper superintendent potosi correctional center simmons argued october decided march counsel record petitioner roper stephen hawke assistant attorney general jefferson city mo respondent simmons jennifer herndon louis mo age respondent simmons planned committed capital murder turned sentenced death direct appeal subsequent petitions state federal postconviction relief rejected held atkins virginia eighth amendment applicable fourteenth amendment prohibits execution mentally retarded person simmons filed new petition state postconviction relief arguing atkins reasoning established constitution prohibits execution juvenile committed crime missouri agreed set aside simmons death sentence favor life imprisonment without eligibility release held although stanford kentucky rejected proposition constitution bars capital punishment juvenile offenders younger national consensus developed execution offenders since stanford held eighth fourteenth amendments forbid imposition death penalty offenders age crimes committed pp eighth amendment prohibition cruel unusual punishments must interpreted according text considering history tradition precedent due regard purpose function constitutional design implement framework established propriety affirmed necessity referring evolving standards decency mark progress maturing society determine punishments disproportionate cruel unusual trop dulles thompson oklahoma plurality determined national standards decency permit execution offender age time crime next year stanford referred contemporary standards decency concluded eighth fourteenth amendments proscribe execution offenders death penalty permitted penalty offenders permitted thereby indicating national consensus eighth amendment mandate categorical exemption death penalty mentally retarded persons two enacted laws banning executions three terms ago atkins however held standards decency evolved since penry demonstrated execution mentally retarded cruel unusual punishment atkins noted objective indicia society standards expressed pertinent legislative enactments state practice demonstrated executions become truly unusual fair say national consensus developed also returned rule established decisions predating stanford constitution contemplates judgment brought bear question acceptability death penalty observing mental retardation diminishes personal culpability even offender distinguish right wrong mentally retarded offenders impairments make less defensible impose death penalty retribution past crimes real deterrent future crimes ruled death penalty constitutes excessive sanction entire category mentally retarded offenders eighth amendment places substantive restriction state power take offender life atkins reconsidered issue decided penry reconsiders issue decided stanford pp objective indicia consensus expressed particular enactments legislatures addressed question determination exercise independent judgment demonstrate death penalty disproportionate punishment juveniles pp atkins objective indicia national consensus rejection juvenile death penalty majority infrequency use even remains books consistency trend toward abolition practice provide sufficient evidence today society views juveniles words atkins used respecting mentally retarded categorically less culpable average criminal evidence consensus similar respects parallel evidence atkins prohibit juvenile death penalty including rejected altogether maintain express provision judicial interpretation exclude juveniles reach moreover even without formal prohibition execution juveniles infrequent although contrast atkins rate change reducing incidence juvenile death penalty taking specific steps abolish less dramatic difference case atkins respect counterbalanced consistent direction change toward abolition indeed slower pace may explained simple fact impropriety executing juveniles years old gained wide recognition earlier impropriety executing mentally retarded pp rejection imposition death penalty juvenile offenders required eighth amendment capital punishment must limited offenders commit narrow category serious crimes whose extreme culpability makes deserving execution atkins vulnerability comparative lack control immediate surroundings mean juveniles greater claim adults forgiven failing escape negative influences whole environment see stanford supra reality juveniles still struggle define identity means less supportable conclude even heinous crime committed juvenile evidence irretrievably depraved character thompson plurality recognized import characteristics respect juveniles reasoning applies juvenile offenders juveniles diminished culpability recognized evident neither two penological justifications death penalty retribution deterrence capital crimes prospective offenders atkins provides adequate justification imposing penalty juveniles although deny overlook brutal crimes many juvenile offenders committed disagrees petitioner contention given insistence individualized consideration capital sentencing arbitrary unnecessary adopt categorical rule barring imposition death penalty offender unacceptable likelihood exists brutality nature particular crime overpower mitigating arguments based youth matter course even juvenile offender objective immaturity vulnerability lack true depravity require sentence less severe death juvenile commits heinous crime state exact forfeiture basic liberties state extinguish life potential attain mature understanding humanity drawing line subject objections always raised categorical rules point society draws line many purposes childhood adulthood age line death eligibility rest stanford deemed longer controlling issue pp overwhelming weight international opinion juvenile death penalty controlling provides respected significant confirmation determination penalty disproportionate punishment offenders see thompson supra country world continues give official sanction juvenile penalty lessen fidelity constitution pride origins acknowledge express affirmation certain fundamental rights nations peoples underscores centrality rights within heritage freedom pp affirmed kennedy delivered opinion stevens souter ginsburg breyer joined stevens filed concurring opinion ginsburg joined filed dissenting opinion scalia filed dissenting opinion rehnquist thomas joined donald roper superintendent potosi correctional center petitioner christopher simmons writ certiorari missouri march justice kennedy delivered opinion case requires us address second time decade half whether permissible eighth fourteenth amendments constitution execute juvenile offender older younger committed capital crime stanford kentucky divided rejected proposition constitution bars capital punishment juvenile offenders age group reconsider question age still junior high school christopher simmons respondent committed murder nine months later turned tried sentenced death little doubt simmons instigator crime commission simmons said wanted murder someone chilling callous terms talked plan discussing part two friends charles benjamin john tessmer aged respectively simmons proposed commit burglary murder breaking entering tying victim throwing victim bridge simmons assured friends get away minors three met night murder tessmer left two set state later charged tessmer conspiracy dropped charge exchange testimony simmons simmons benjamin entered home victim shirley crook reaching open window unlocking back door simmons turned hallway light awakened crook called response simmons entered crook bedroom recognized previous car accident involving simmons later admitted confirmed resolve murder using duct tape cover eyes mouth bind hands two perpetrators put crook minivan drove state park reinforced bindings covered head towel walked railroad trestle spanning meramec river tied hands feet together electrical wire wrapped whole face duct tape threw bridge drowning waters afternoon september steven crook returned home overnight trip found bedroom disarray reported wife missing afternoon fishermen recovered victim body river simmons meanwhile bragging killing telling friends killed woman bitch seen face next day receiving information simmons involvement police arrested high school took police station fenton missouri read miranda rights simmons waived right attorney agreed answer questions less two hours interrogation simmons confessed murder agreed perform videotaped reenactment crime scene state charged simmons burglary kidnaping stealing murder first degree simmons time crime outside criminal jurisdiction missouri juvenile system see mo rev stat supp tried adult trial state introduced simmons confession videotaped reenactment crime along testimony simmons discussed crime advance bragged later defense called witnesses guilt phase jury returned verdict murder trial proceeded penalty phase state sought death penalty aggravating factors state submitted murder committed purpose receiving money committed purpose avoiding interfering preventing lawful arrest defendant involved depravity mind outrageously wantonly vile horrible inhuman state called shirley crook husband daughter two sisters presented moving evidence devastation death brought lives mitigation simmons attorneys first called officer missouri juvenile justice system testified simmons prior convictions previous charges filed simmons mother father two younger half brothers neighbor friend took stand tell jurors close relationships formed simmons plead mercy behalf simmons mother particular testified responsibility simmons demonstrated taking care two younger half brothers grandmother capacity show love closing arguments prosecutor defense counsel addressed simmons age trial judge instructed jurors consider mitigating factor defense counsel reminded jurors juveniles simmons age drink serve juries even see certain movies legislatures wisely decided individuals certain age responsible enough defense counsel argued simmons age make huge difference jurors deciding exactly sort punishment make rebuttal prosecutor gave following response age says think age seventeen years old scary scare mitigating quite contrary submit quite contrary jury recommended death penalty finding state proved three aggravating factors submitted accepting jury recommendation trial judge imposed death penalty simmons obtained new counsel moved trial set aside conviction sentence one argument simmons received ineffective assistance trial support contention new counsel called witnesses simmons trial attorney simmons friends neighbors clinical psychologists evaluated part submission simmons immature impulsive susceptible manipulated influenced experts testified simmons background including difficult home environment dramatic changes behavior accompanied poor school performance adolescence simmons absent home long periods spending time using alcohol drugs teenagers young adults contention simmons postconviction counsel matters established sentencing proceeding trial found constitutional violation reason ineffective assistance counsel denied motion postconviction relief consolidated appeal simmons conviction sentence denial postconviction relief missouri affirmed state simmons en banc cert denied federal courts denied simmons petition writ habeas corpus simmons bowersox cert denied proceedings simmons case run course held eighth fourteenth amendments prohibit execution mentally retarded person atkins virginia simmons filed new petition state postconviction relief arguing reasoning atkins established constitution prohibits execution juvenile crime committed missouri agreed state ex rel simmons roper en banc held since stanford national consensus developed execution juvenile offenders demonstrated fact eighteen bar executions juveniles twelve bar executions altogether state lowered age execution since stanford five legislatively case law raised established minimum age imposition juvenile death penalty become truly unusual last decade reasoning set aside simmons death sentence resentenced life imprisonment without eligibility probation parole release except act governor granted certiorari affirm ii eighth amendment provides excessive bail shall required excessive fines imposed cruel unusual punishments inflicted provision applicable fourteenth amendment furman georgia per curiam robinson california louisiana ex rel francis resweber plurality opinion explained atkins eighth amendment guarantees individuals right subjected excessive sanctions right flows basic justice punishment crime graduated proportioned offense protecting even convicted heinous crimes eighth amendment reaffirms duty government respect dignity persons prohibition cruel unusual punishments like expansive language constitution must interpreted according text considering history tradition precedent due regard purpose function constitutional design implement framework established propriety affirmed necessity referring evolving standards decency mark progress maturing society determine punishments disproportionate cruel unusual trop dulles plurality opinion thompson oklahoma plurality determined standards decency permit execution offender age time crime opinion stevens joined brennan marshall blackmun plurality opinion explained death penalty state given express consideration minimum age death penalty set age lower plurality also observed conclusion offend civilized standards decency execute person less years old time offense consistent views expressed respected professional organizations nations share heritage leading members western european community opinion noted juries imposed death penalty offenders exceeding rarity last execution offender crime committed age carried years prior bringing independent judgment bear permissibility death penalty offender thompson plurality stressed reasons juveniles trusted privileges responsibilities adult also explain irresponsible conduct morally reprehensible adult according plurality lesser culpability offenders made death penalty inappropriate form retribution low likelihood offenders engaged kind analysis attaches weight possibility execution made death penalty ineffective means deterrence justice concurring judgment narrower grounds set aside death sentence imposed offender next year stanford kentucky dissenting opinion joined four justices referred contemporary standards decency country concluded eighth fourteenth amendments proscribe execution juvenile offenders noted death penalty permitted death penalty offenders among permitted offenders numbers view indicated national consensus sufficient label particular punishment cruel unusual plurality also emphatically reject ed suggestion bring judgment bear acceptability juvenile death penalty opinion scalia joined rehnquist white kennedy jj see also concurring part concurring judgment criticizing plurality refusal judge whether nexus punishment imposed defendant blameworthiness proportional day decided stanford held eighth amendment mandate categorical exemption death penalty mentally retarded penry lynaugh reaching conclusion stressed two enacted laws banning imposition death penalty mentally retarded person convicted capital offense according two state statutes prohibiting execution mentally retarded even added rejected capital punishment completely provide sufficient evidence present national consensus ibid three terms ago subject reconsidered atkins held standards decency evolved since penry demonstrate execution mentally retarded cruel unusual punishment noted objective indicia society standards expressed legislative enactments state practice respect executions mentally retarded atkins decided minority permitted practice even rare basis indicia determined executing mentally retarded offenders become truly unusual fair say national consensus developed inquiry society evolving standards decency end atkins neither repeated relied upon statement stanford independent judgment bearing acceptability particular punishment eighth amendment instead returned rule established decisions predating stanford constitution contemplates end judgment brought bear question acceptability death penalty eighth amendment plurality opinion mental retardation said diminishes personal culpability even offender distinguish right wrong atkins reconsidered issue decided penry reconsider issue decided stanford beginning point review objective indicia consensus expressed particular enactments legislatures addressed question data gives us essential instruction must determine exercise independent judgment whether death penalty disproportionate punishment juveniles iii evidence national consensus death penalty juveniles similar respects parallel evidence atkins held sufficient demonstrate national consensus death penalty mentally retarded atkins decided prohibited death penalty mentally retarded number comprised abandoned death penalty altogether maintained excluded mentally retarded reach similar calculation case prohibit juvenile death penalty comprising rejected death penalty altogether maintain express provision judicial interpretation exclude juveniles reach see appendix infra atkins emphasized even without formal prohibition practice executing mentally retarded infrequent since penry five executed offenders known iq present case even without formal prohibition executing juveniles practice infrequent since stanford six executed prisoners crimes committed juveniles past years three done homa texas virginia see streib juvenile death penalty today death sentences executions juvenile crimes january available http last updated visited available clerk case file december governor kentucky decided spare life kevin stanford commuted sentence one life imprisonment without parole declaration executing people legally children lexington herald leader wl act governor ensured kentucky add list executed juveniles within last years even execution defendant whose death sentence upheld stanford kentucky sure least one difference evidence consensus atkins case impressive atkins rate abolition death penalty mentally retarded sixteen permitted execution mentally retarded time penry prohibited practice time heard atkins contrast rate change reducing incidence juvenile death penalty taking specific steps abolish slower five allowed juvenile death penalty time stanford abandoned intervening years four legislative enactments one judicial decision streib supra state furman en banc though less dramatic change penry atkins telling borrow word atkins used describe difference still consider change stanford case significant noted atkins respect abandoned death penalty mentally retarded since penry much number significant consistency direction change particular found significant wake penry state already prohibited execution mentally retarded passed legislation reinstate penalty number abandoned capital punishment juvenile offenders since stanford smaller number abandoned capital punishment mentally retarded penry yet think consistency direction change demonstrated since stanford state previously prohibited capital punishment juveniles reinstated fact coupled trend toward abolition juvenile death penalty carries special force light general popularity anticrime legislation atkins supra light particular trend recent years toward cracking juvenile crime respects see snyder sickmund national center juvenile justice juvenile offenders victims national report scott grisso evolution adolescence developmental perspective juvenile justice reform crim difference case atkins respect pace abolition thus counterbalanced consistent direction change slower pace abolition juvenile death penalty past years moreover may simple explanation heard penry two death penalty already prohibited execution mentally retarded heard stanford contrast death penalty already prohibited execution juvenile prohibited execution juvenile anything shows impropriety executing juveniles years age gained wide recognition earlier impropriety executing mentally retarded words missouri ultimate irony fact inappropriateness death penalty juveniles broadly recognized sooner recognized mentally retarded become reason continue execution juveniles execution mentally retarded barred petitioner show national consensus favor capital punishment juveniles still resists conclusion consensus exists petitioner supports position particular observation senate ratified international covenant civil political rights iccpr entered force mar subject president proposed reservation regarding article treaty prohibits capital punishment juveniles brief petitioner reservation best provides faint support petitioner argument first reservation passed since five abandoned capital punishment juveniles second congress considered issue enacting federal death penalty act determined death penalty extend juveniles see reservation article iccpr provides minimal evidence national consensus juvenile executions atkins objective indicia consensus case rejection juvenile death penalty majority infrequency use even remains books consistency trend toward abolition practice provide sufficient evidence today society views juveniles words atkins used respecting mentally retarded categorically less culpable average criminal majority rejected imposition death penalty juvenile offenders hold required eighth amendment death penalty severe punishment eighth amendment applies special force thompson plurality opinion capital case defendant wide latitude raise mitigating factor aspect character record circumstances offense defendant proffers basis sentence less death lockett ohio plurality opinion eddings oklahoma see also johnson texas summarizing jurisprudence furman georgia per curiam respect sentencer consideration aggravating mitigating factors number crimes beyond question severe absolute terms yet death penalty may imposed commission coker georgia rape adult woman enmund florida felony murder defendant kill attempt kill intend kill death penalty may imposed certain classes offenders juveniles insane mentally retarded matter heinous crime thompson oklahoma supra ford wainwright atkins supra rules vindicate underlying principle death penalty reserved narrow category crimes offenders three general differences juveniles adults demonstrate juvenile offenders reliability classified among worst offenders first parent knows scientific sociological studies respondent amici cite tend confirm lack maturity underdeveloped sense responsibility found youth often adults understandable among young qualities often result impetuous actions decisions johnson supra see also eddings supra even normal customarily lacks maturity adult noted adolescents overrepresented statistically virtually every category reckless behavior arnett reckless behavior adolescence developmental perspective developmental review recognition comparative immaturity irresponsibility juveniles almost every state prohibits years age voting serving juries marrying without parental consent see appendixes infra second area difference juveniles vulnerable susceptible negative influences outside pressures including peer pressure eddings supra outh chronological fact time condition life person may susceptible influence psychological damage explained part prevailing circumstance juveniles less control less experience control environment see steinberg scott less guilty reason adolescence developmental immaturity diminished responsibility juvenile death penalty psychologist hereinafter steinberg scott legal minors juveniles lack freedom adults extricate criminogenic setting third broad difference character juvenile well formed adult personality traits juveniles transitory less fixed see generally erikson identity youth crisis differences render suspect conclusion juvenile falls among worst offenders susceptibility juveniles immature irresponsible behavior means irresponsible conduct morally reprehensible adult thompson supra plurality opinion vulnerability comparative lack control immediate surroundings mean juveniles greater claim adults forgiven failing escape negative influences whole environment see stanford brennan dissenting reality juveniles still struggle define identity means less supportable conclude even heinous crime committed juvenile evidence irretrievably depraved character moral standpoint misguided equate failings minor adult greater possibility exists minor character deficiencies reformed indeed relevance youth mitigating factor derives fact signature qualities youth transient individuals mature impetuousness recklessness may dominate younger years subside johnson supra see also steinberg scott teens risky antisocial behaviors fleeting cease maturity individual identity becomes settled relatively small proportion adolescents experiment risky illegal activities develop entrenched patterns problem behavior persist adulthood thompson plurality recognized import characteristics respect juveniles relied hold eighth amendment prohibited imposition death penalty juveniles age conclude reasoning applies juvenile offenders diminished culpability juveniles recognized evident penological justifications death penalty apply lesser force adults held two distinct social purposes served death penalty deterrence capital crimes prospective offenders atkins joint opinion stewart powell stevens retribution remarked atkins culpability average murderer insufficient justify extreme sanction available state lesser culpability mentally retarded offender surely merit form retribution conclusions follow lesser culpability juvenile offender whether viewed attempt express community moral outrage attempt right balance wrong victim case retribution strong minor adult retribution proportional law severe penalty imposed one whose culpability blameworthiness diminished substantial degree reason youth immaturity deterrence unclear whether death penalty significant even measurable deterrent effect juveniles counsel petitioner acknowledged oral argument tr oral arg general leave legislatures assessment efficacy various criminal penalty schemes see harmelin michigan kennedy concurring part concurring judgment however absence evidence deterrent effect special concern characteristics render juveniles less culpable adults suggest well juveniles less susceptible deterrence particular plurality observed thompson likelihood teenage offender made kind analysis attaches weight possibility execution remote virtually nonexistent extent juvenile death penalty might residual deterrent effect worth noting punishment life imprisonment without possibility parole severe sanction particular young person concluding neither retribution deterrence provides adequate justification imposing death penalty juvenile offenders deny overlook brutal crimes many juvenile offenders committed see brief alabama et al amici curiae certainly argued although means concede point rare case might arise juvenile offender sufficient psychological maturity time demonstrates sufficient depravity merit sentence death indeed possibility linchpin one contention pressed petitioner amici assert even assuming truth observations made juveniles diminished culpability general jurors nonetheless allowed consider mitigating arguments related youth basis cases impose death penalty justified central feature death penalty sentencing particular assessment circumstances crime characteristics offender system designed consider aggravating mitigating circumstances including youth every case given insistence individualized consideration petitioner maintains arbitrary unnecessary adopt categorical rule barring imposition death penalty offender years age disagree differences juvenile adult offenders marked well understood risk allowing youthful person receive death penalty despite insufficient culpability unacceptable likelihood exists brutality nature particular crime overpower mitigating arguments based youth matter course even juvenile offender objective immaturity vulnerability lack true depravity require sentence less severe death cases defendant youth may even counted case noted prosecutor argued simmons youth aggravating rather mitigating supra sort overreaching corrected particular rule ensure mitigating force youth overlooked address larger concerns difficult even expert psychologists differentiate juvenile offender whose crime reflects unfortunate yet transient immaturity rare juvenile offender whose crime reflects irreparable corruption see steinberg scott understand difficulty underlies rule forbidding psychiatrists diagnosing patient antisocial personality disorder disorder also referred psychopathy sociopathy characterized callousness cynicism contempt feelings rights suffering others american psychiatric association diagnostic statistical manual mental disorders ed text rev see also steinberg scott trained psychiatrists advantage clinical testing observation refrain despite diagnostic expertise assessing juvenile antisocial personality disorder conclude refrain asking jurors issue far graver condemnation juvenile offender merits death penalty juvenile offender commits heinous crime state exact forfeiture basic liberties state extinguish life potential attain mature understanding humanity drawing line years age subject course objections always raised categorical rules qualities distinguish juveniles adults disappear individual turns token already attained level maturity adults never reach reasons discussed however line must drawn plurality opinion thompson drew line intervening years thompson plurality conclusion offenders may executed challenged logic thompson extends age point society draws line many purposes childhood adulthood conclude age line death eligibility rest considerations mean stanford kentucky deemed longer controlling issue extent stanford based review objective indicia consensus obtained suffices note indicia changed supra observed furthermore stanford considered abandoned death penalty altogether part consensus juvenile death penalty state decision bar death penalty altogether necessity demonstrates judgment death penalty inappropriate offenders including juveniles last extent stanford based rejection idea required bring independent judgment bear proportionality death penalty particular class crimes offenders plurality opinion suffices note rejection inconsistent prior eighth amendment decisions thompson plurality opinion enmund coker plurality opinion also inconsistent premises recent decision atkins holding death penalty imposed upon juvenile offenders take account circumstance relied stanford seeking death penalty juvenile offenders consideration however outweigh conclusion stanford longer control pending cases yet arise iv determination death penalty disproportionate punishment offenders finds confirmation stark reality country world continues give official sanction juvenile death penalty reality become controlling task interpreting eighth amendment remains responsibility yet least time decision trop referred laws countries international authorities instructive interpretation eighth amendment prohibition cruel unusual punishments plurality opinion civilized nations world virtual unanimity statelessness imposed punishment crime see also atkins supra recognizing within world community imposition death penalty crimes committed mentally retarded offenders overwhelmingly disapproved thompson supra plurality opinion noting abolition juvenile death penalty nations share heritage leading members western european community observing previously recognized relevance views international community determining whether punishment cruel unusual enmund supra observing doctrine felony murder abolished england india severely restricted canada number commonwealth countries unknown continental europe coker supra plurality opinion irrelevant major nations world surveyed retained death penalty rape death ensue respondent number amici emphasize article nations convention rights child every country world ratified save somalia contains express prohibition capital punishment crimes committed juveniles nations convention rights child art entered force brief respondent brief european union et al amici curiae brief president james earl carter et al amici curiae brief former diplomats morton abramowitz et al amici curiae brief human rights committee bar england wales et al amici curiae ratifying country entered reservation provision prohibiting execution juvenile offenders parallel prohibitions contained significant international covenants see iccpr art prohibiting capital punishment anyone time offense signed ratified subject reservation regarding article noted supra american convention human rights pact san josé costa rica art entered force july african charter rights welfare child art oau doc entered force respondent amici submitted petitioner contest seven countries executed juvenile offenders since iran pakistan saudi arabia yemen nigeria democratic republic congo china since countries either abolished capital punishment juveniles made public disavowal practice brief respondent sum fair say stands alone world turned face juvenile death penalty though international covenants prohibiting juvenile death penalty recent date instructive note kingdom abolished juvenile death penalty covenants came kingdom experience bears particular relevance light historic ties countries light eighth amendment origins amendment modeled parallel provision english declaration rights provided xcessive bail required excessive fines imposed cruel unusuall punishments inflicted ch eng stat large see also trop supra plurality opinion kingdom abolished death penalty entirety decades took step recognized disproportionate nature juvenile death penalty abolished penalty separate matter official committee recommended minimum age execution raised house commons report select committee capital punishment parliament enacted children young person act geo ch prevented execution aged date sentence parliament enacted criminal justice act geo ch prohibiting execution person time offense years passed since kingdom abolished juvenile death penalty weight authority international community become well established proper acknowledge overwhelming weight international opinion juvenile death penalty resting large part understanding instability emotional imbalance young people may often factor crime see brief human rights committee bar england wales et al amici curiae opinion world community controlling outcome provide respected significant confirmation conclusions time one generation next constitution come earn high respect even madison dared hope veneration american people see federalist rossiter ed document sets forth rests upon innovative principles original american experience federalism proven balance political mechanisms separation powers specific guarantees accused criminal cases broad provisions secure individual freedom preserve human dignity doctrines guarantees central american experience remain essential national identity least reasons honor constitution know lessen fidelity constitution pride origins acknowledge express affirmation certain fundamental rights nations peoples simply underscores centrality rights within heritage freedom eighth fourteenth amendments forbid imposition death penalty offenders age crimes committed judgment missouri setting aside sentence death imposed upon christopher simmons affirmed ordered appendix opinion permit imposition death penalty juveniles alabama code west express minimum age arizona rev stat ann west supp arkansas ark code ann michie delaware del code tit lexis florida stat georgia code ann lexis idaho idaho code michie kentucky rev stat ann lexis minimum age louisiana la stat ann west supp express minimum age mississippi miss code ann lexis missouri mo rev stat ann minimum age nevada rev stat minimum age new hampshire rev stat ann west minimum age north carolina stat lexis minimum age except commit murder serving prison sentence previous murder may receive death penalty oklahoma stat tit west express minimum age pennsylvania cons stat south carolina code ann west supp main ed texas tex penal code ann west minimum age utah utah code ann lexis express minimum age virginia code ann lexis supp minimum age retain death penalty set minimum age california cal penal code ann west colorado rev stat lexis connecticut stat ann west illinois comp stat ch west supp indiana ind code ann kansas stat ann maryland md crim law code ann lexis montana mont code ann nebraska neb rev stat new jersey stat ann west supp new mexico stat ann west supp new york penal law ann west ohio ohio rev code ann lexis oregon rev stat south dakota laws ch codified codified laws tennessee code ann lexis washington minimum age established judicial decision state furman wyoming wyo stat lexis past year decisions highest courts kansas new york invalidated provisions death penalty statutes state marsh invalidating provision required imposition death penalty aggravating mitigating circumstances found equal balance people lavalle invalidating mandatory requirement instruct jury case jury deadlock appropriate sentence capital case defendant receive sentence life imprisonment parole eligibility serving minimum years due decisions appear death penalty remains books practical matter might imposed anyone change course decisions respective state legislatures remedy problems courts identified marsh supra lavalle supra without death penalty alaska hawaii iowa maine massachusetts michigan minnesota north dakota rhode island vermont west virginia wisconsin appendix opinion state statutes establishing minimum age vote state age statute alabama ala amdt alaska alaska art alaska stat lexis arizona ariz art vii rev stat west arkansas ark code ann lexis california cal art colorado rev stat lexis connecticut conn art stat delaware del code tit michie district columbia code west supp florida stat ch georgia ga art code ann lexis hawaii haw art ii haw rev stat idaho idaho code michie illinois ill art iii comp stat ch west indiana ind code ann lexis iowa iowa code kansas kan art kentucky ky louisiana la art la rev stat ann west maine art ii rev stat tit west supp maryland md elec law code ann lexis massachusetts mass laws ch west supp michigan comp laws ann west minnesota stat mississippi miss art missouri mo art viii montana mont art iv mont code ann nebraska neb art vi neb rev stat nevada rev stat new hampshire pt new jersey art ii new mexico provision amdt xxvi new york elec law ann west north carolina stat ann lexis north dakota art ii ohio ohio art ohio rev code ann anderson oklahoma okla art iii oregon ore art ii pennsylvania cons stat ann rhode island laws lexis south carolina code ann west supp south dakota art vii codified laws ann michie tennessee code ann lexis texas tex elec code ann west utah utah art iv utah code ann lexis vermont stat tit lexis virginia va art ii washington wash art vi west virginia code lexis wisconsin wis art iii stat west wyoming wyo stat ann west amendment constitution provides right citizens eighteen years age older vote shall denied abridged state account age appendix opinion state statutes establishing minimum age jury service state age statute alabama code west alaska alaska stat lexis arizona rev stat west arkansas ark code ann lexis california cal civ proc west supp colorado rev stat lexis connecticut stat ann west supp delaware del code tit michie district columbia code west florida stat georgia code ann lexis hawaii haw rev stat idaho idaho code michie illinois comp stat ch west indiana ind code ann lexis iowa iowa code kansas stat ann jurors must qualified electors kan art person must qualified elector kentucky rev stat ann lexis supp louisiana la code crim proc art west maine rev stat tit west maryland md cts jud proc code ann lexis massachusetts mass laws ch west jurors must qualified vote ch west supp person must vote michigan comp laws ann west supp minnesota dist rule mississippi miss code ann lexis missouri mo rev stat montana mont code ann nebraska neb rev stat supp nevada rev stat juror must qualified elector person must vote new hampshire rev stat ann lexis supp new jersey stat ann west pamphlet new mexico stat ann new york jud law ann west north carolina stat ann lexis north dakota cent code supp ohio ohio rev code ann anderson oklahoma stat tit west supp rhode island laws lexis supp south carolina code ann west supp south dakota codified laws lexis supp tennessee code ann lexis supp texas tex govt code ann west utah utah code ann lexis vermont stat tit lexis jurors must attained age majority tit lexis age majority virginia code ann lexis washington rev ann code west west virginia code lexis wisconsin stat west wyoming wyo stat ann lexis jurors must adults person becomes adult appendix opinion state statutes establishing minimum age marriage without parental judicial consent state age statute alabama code west supp alaska alaska stat lexis arizona rev stat ann west supp arkansas ark code ann lexis california cal fam code ann west colorado rev stat ann lexis connecticut stat delaware del code tit lexis district columbia code west florida stat georgia code ann lexis must obtain parental consent unless female applicant pregnant applicants parents living child case minimum age marry without consent hawaii haw rev stat idaho idaho code michie illinois comp stat ch west indiana ind code ann lexis iowa iowa code kansas stat ann supp kentucky rev stat ann lexis louisiana la children code arts west minors may marry without consent la civ code art west age majority maine rev stat tit west supp maryland md fam law code ann lexis must obtain parental consent unless female applicant present proof pregnancy child case minimum age marry without consent massachusetts mass laws ch west michigan comp laws ann west minnesota stat mississippi miss code ann lexis female applicants must male applicants must missouri mo rev stat montana mont code ann nebraska neb rev stat minors must parental consent marry defining minor person nevada rev stat new hampshire rev stat ann west new jersey stat ann west new mexico stat ann new york dom rel law ann west supp north carolina stat ann lexis north dakota cent code lexis ohio ohio rev code ann lexis oklahoma stat tit west supp oregon rev stat pennsylvania cons stat rhode island laws lexis supp south carolina code ann west supp south dakota codified laws lexis tennessee code ann lexis texas tex fam code ann west utah utah code ann lexis supp vermont stat tit lexis virginia code ann lexis washington rev code ann west supp west virginia code lexis wisconsin stat wyoming wyo stat ann lexis donald roper superintendent potosi correctional center petitioner christopher simmons writ certiorari missouri march justice stevens justice ginsburg joins concurring perhaps even important specific holding today reaffirmation basic principle informs interpretation eighth amendment meaning amendment frozen originally drafted impose impediment execution children today see stanford kentucky describing common law time amendment adoption evolving standards decency driven construction critically important part bill rights foreclose reading amendment best tradition common law pace evolution matter continuing debate understanding constitution change time time settled since john marshall breathed life text great lawyers day alexander hamilton example sitting us today expect join justice kennedy opinion events without hesitation donald roper superintendent potosi correctional center petitioner christopher simmons writ certiorari missouri march justice dissenting decision today establishes categorical rule forbidding execution offender crime committed birthday matter deliberate wanton cruel offense neither objective evidence contemporary societal values moral proportionality analysis two tandem suffice justify ruling although finds support decision fact majority disallow capital punishment offenders refrains asserting holding compelled genuine national consensus indeed evidence us fails demonstrate conclusively consensus emerged brief period since upheld constitutionality practice stanford kentucky instead rule decreed rests ultimately independent moral judgment death disproportionately severe punishment offender subscribe judgment adolescents class undoubtedly less mature therefore less culpable misconduct adults adduced evidence impeaching seemingly reasonable conclusion reached many state legislatures least murderers sufficiently mature deserve death penalty appropriate case shown capital sentencing juries incapable accurately assessing youthful defendant maturity giving due weight mitigating characteristics associated youth record especially light fact little changed since recent decision stanford substitute judgment moral propriety capital punishment murderers judgments nation legislatures rather demand clearer showing society truly set face practice reading eighth amendment categorically forbid let begin making clear agree much description general principles guide eighth amendment jurisprudence amendment bars punishments inherently also excessive relation crime coker georgia plurality opinion sanction therefore beyond state authority inflict makes measurable contribution acceptable penal goals grossly proportion severity crime ibid basic precept justice punishment crime proportioned offense weems applies special force death penalty capital cases constitution demands punishment tailored nature crime defendant personal responsibility moral guilt enmund florida see also dissenting tison arizona eddings oklahoma beyond serious dispute eighth amendment prohibition cruel unusual punishments static command mandate little dead letter today barred sanctions like execution children age seven civilized society already repudiated see ante stevens concurring cf stanford supra discussing common law rule time bill rights adopted rather basic concept underlying eighth amendment nothing less dignity man amendment must draw meaning evolving standards decency mark progress maturing society trop dulles plurality opinion discerning standards look objective factors maximum possible extent coker supra plurality opinion laws enacted nation legislatures provide clearest reliable objective evidence contemporary values penry lynaugh data reflecting actions sentencing juries available also afford significant reliable objective societal mores coker supra plurality opinion quoting gregg georgia joint opinion stewart powell stevens although objective evidence nature entitled great weight end inquiry rather today reaffirms see ante constitution contemplates end judgment brought bear question acceptability death penalty eighth amendment coker supra plurality opinion roportionality least regards capital punishment requires inquiry contemporary standards expressed legislators jurors also involves notion magnitude punishment imposed must related degree harm inflicted victim well degree defendant blameworthiness enmund supra dissenting therefore constitutional obligation judge whether death penalty excessive punishment particular offense class offenders see stanford concurring part concurring judgment see also enmund supra us ultimately judge whether eighth amendment permits imposition death penalty twice last two decades applied principles deciding whether eighth amendment permits capital punishment adolescent offenders thompson oklahoma plurality four justices concluded eighth amendment barred capital punishment offender crime committed age concurred judgment narrower grounds time state legislatures definitely concluded exposed threat execution legislature affirmatively endorsed practice concurring judgment acknowledging national consensus forbidding execution offenders likely exist declined adopt conclusion matter constitutional law without clearer evidentiary support ibid view issue decided based moral proportionality arguments type advanced today granting premise adolescents generally less blameworthy adults commit similar crimes wrote necessarily follow incapable moral culpability justify imposition capital punishment similarly us evidence class inherently incapable deterred major crimes prospect death penalty ibid determined instead light strong inconclusive evidence national consensus capital punishment offenders concerns rooted eighth amendment required apply clear statement rule capital punishment statute thompson specify minimum age commission capital crime punishable death concluded statute read authorize death penalty offender next year stanford kentucky supra held execution capital murderers violate eighth amendment wrote separately concurring part concurring judgment time permit execution offenders including lacked death penalty altogether see noting day may come general legislative rejection execution capital murderers clear national consensus said developed concluded day yet arrived opinion concurring part concurring judgment reaffirmed view beyond assessing actions legislatures juries constitutional obligation judge whether capital punishment proportionate response defendant blameworthiness nevertheless concluded proportionality arguments similar endorsed today justify categorical eighth amendment rule capital punishment offenders see ibid citing thompson supra concurring judgment also twice addressed constitutionality capital punishment mentally retarded offenders penry lynaugh decided year stanford rejected claim eighth amendment barred execution mentally retarded time two specifically prohibited practice others capital punishment atkins reversed penry held eighth amendment forbids capital punishment mentally retarded offenders years penry atkins wave legislation prohibiting execution offenders time heard atkins barred death penalty mentally retarded even among theoretically permitting punishment executed mentally retarded offender recent history basis evidence determined fair say national consensus ha developed practice decision atkins rest solely tentative conclusion rather independent moral judgment dispositive observed mentally retarded persons suffer major cognitive behavioral deficits subaverage intellectual functioning significant limitations adaptive skills communication became manifest age impairments persons definition diminished capacities understand process information communicate abstract mistakes learn experience engage logical reasoning control impulses understand reactions others ibid concluded deficits called serious doubt whether execution mentally retarded offenders measurably contribute principal penological goals capital punishment intended serve retribution deterrence mentally retarded offenders impairments diminish personal moral culpability highly unlikely offenders ever deserve ultimate punishment even cases capital murder impairments made improbable threat death penalty deter mentally retarded persons committing capital crimes concluded capital punishment mentally retarded inconsistent eighth amendment ft state task developing appropriate ways enforce constitutional restriction upon execution sentences quoting ford wainwright ii although general principles guide eighth amendment jurisprudence afford common ground part ways applying case us preliminary matter take issue failure reprove even acknowledge missouri unabashed refusal follow controlling decision stanford lower concluded despite stanford clear holding historical recency decision longer binding authority premised deemed obsolete assessment contemporary values quite apart merits constitutional question clear error eighth amendment draw meaning evolving standards decency trop emphasis added even subsequent decisions factual developments may appear significantly undermined rationale earlier holding hatter see also state oil supra rodriguez de quijas express eighth amendment provides exception rule contrary clear predictable uniform constitutional standards especially desirable sphere affirming lower judgment without much slap hand today decision threatens invite frequent disruptive reassessments eighth amendment precedents determining whether juvenile death penalty comports contemporary standards decency inquiry begins clearest reliable objective evidence contemporary values actions nation legislatures penry supra emphasizes overall number jurisdictions currently disallow execution offenders number forbade execution mentally retarded offenders atkins decided ante present district columbia death penalty additional federal government authorize capital punishment prohibit execution offenders see ante appendix atkins small fraction permit capital punishment offenders within relevant class actually carried execution recent history six executed offenders years since stanford five executed mentally retarded offenders years prior atkins see atkins streib juvenile death penalty today death sentences executions juvenile crimes january pp available http last updated visited available clerk case file hereinafter streib respects objective evidence case indeed similar respects parallel evidence upon relied atkins ante similarities two cases undeniable objective evidence national consensus marginally weaker importantly atkins significant evidence opposition execution mentally retarded virtually countervailing evidence affirmative legislative support practice cf thompson concurring judgment attributing significance fact legislature country affirmatively unequivocally endorsed capital punishment offenders permitted executions enacted prohibitory legislation contrast least eight current statutes specifically set minimum age commission capital crime expose offender death penalty see ante appendix five eight presently one juvenile offenders death row six respondent included count see streib four executed least one offender past years see currently juvenile offenders death row different including respondent see evidence suggests measure continuing public support availability death penalty capital murderers moreover atkins made clear much number forbidding execution mentally retarded significant consistency direction change contrast trend atkins moved uniformly towards abolishing juvenile death penalty instead since decision stanford two expressly reaffirmed support practice enacting statutes setting minimum age capital punishment see mo rev stat code ann lexis furthermore emphasized atkins pace legislative action context considerably slower regard capital punishment mentally retarded years decisions penry atkins fewer banned execution mentally retarded offenders see atkins supra comparison since decision years ago stanford four previously permitted execution offenders plus federal government legistlatively reversed course one additional state high construed state death penalty statute apply offenders see state furman en banc slower pace change doubt partially attributable says fact already imposed minimum age stanford decided see ante nevertheless extraordinary wave legislative action leading decision atkins provided strong evidence country truly set capital punishment mentally retarded contrast halting pace change gives reason pause extent objective evidence supporting today decision similar atkins merely highlights fact evidence dispositive either two cases today confirms ante constitution requires end judgment brought deciding whether eighth amendment forbids particular punishment atkins supra quoting coker plurality opinion judgment merely rubber stamp tally legislative jury actions rather integral part eighth amendment inquiry one entitled independent weight reaching ultimate decision atkins objective evidence national consensus weaker prior cases struck particular punishment eighth amendment see coker supra plurality opinion striking death penalty rape adult woman one jurisdiction authorized punishment enmund striking death penalty certain crimes aiding abetting eight jurisdictions authorized punishment ford wainwright striking capital punishment insane jurisdiction permitted practice view objective evidence national consensus standing alone insufficient dictate holding atkins rather compelling moral proportionality argument capital punishment mentally retarded offenders played decisive role persuading practice inconsistent eighth amendment indeed force proportionality argument atkins significantly bolstered confidence objective evidence case fact herald emergence genuine national consensus contrast proportionality argument juvenile death penalty flawed given little analytical weight proves weak resolve lingering ambiguities objective evidence legislative consensus justify categorical rule murderers must categorically exempted capital punishment says reliability classified among worst offenders ante conclusion premised three perceived differences adults already reached birthdays juveniles see ante first juveniles lack maturity responsibility reckless adults second juveniles vulnerable outside influences less control surroundings third juvenile character fully formed adult based characteristics determines capital murderers blameworthy adults guilty similar crimes less likely adults deterred prospect death sentence difficult conclude commits even heinous crimes irretrievably depraved ante suggests rare case might arise juvenile offender sufficient psychological maturity time demonstrates sufficient depravity merit sentence death ante however argues categorical prohibition justified prophylactic rule differences juvenile adult offenders marked well understood risk allowing youthful person receive death penalty despite insufficient culpability ante beyond cavil juveniles class generally less mature less responsible less fully formed adults differences bear juveniles comparative moral culpability see johnson texas dispute defendant youth relevant mitigating circumstance dissenting vicissitudes youth bear directly young offender culpability responsibility crime eddings history replete laws judicial recognition minors especially earlier years generally less mature responsible adults even accepting premise proportionality argument fails support categorical rule first adduces evidence whatsoever support sweeping conclusion see ante rare cases ever murderers sufficiently mature act sufficient depravity warrant death penalty fact juveniles generally less culpable misconduct adults necessarily mean murderer sufficiently culpable merit death penalty argument suggests average murderer culpable average adult murderer especially depraved juvenile offender may nevertheless culpable many adult offenders considered bad enough deserve death penalty similarly fact availability death penalty may less likely deter juvenile committing capital crime imply threat effectively deter act surely age offender matter crime deemed cognitive emotional maturity necessary warrant death penalty least margins adolescence adulthood especially respondent relevant differences adults juveniles appear matter degree rather kind follows legislature may reasonably conclude least act sufficient moral culpability sufficiently deterred threat execution capital punishment may warranted appropriate case indeed appears case christopher simmons murder shirley crook premeditated wanton cruel extreme well committed crime simmons declared wanted kill someone several occasions discussed two friends ages plan burglarize house murder victim tying victim pushing bridge simmons said away minors brief petitioners accord plan simmons accomplice broke crook home middle night forced bed bound drove state park walked railroad trestle spanning river electrical cable bound face completely duct tape pushed still alive trestle drowned water one scarcely imagine terror woman must suffered throughout ordeal leading death whatever said comparative moral culpability general matter simmons actions unquestionably reflect consciousness materially depraved average murderer see atkins simmons prediction murder impunity yet turned though inaccurate suggests take account perceived risk punishment deciding whether commit crime based evidence sentencing jury certainly reasonable grounds concluding despite simmons youth ha sufficient psychological maturity committed horrific murder time demonstrate sufficient depravity merit sentence death see ante proportionality argument suffers second closely related defect fails establish differences maturity young adults universal enough significant enough justify prophylactic rule capital punishment former analysis premised differences aggregate juveniles adults frequently hold true comparing individuals although may many murderers lack sufficient maturity deserve death penalty juvenile murderers may quite mature chronological age unfailing measure psychological development common experience suggests many mature average young adult short class offenders exempted capital punishment today decision broad diverse warrant categorical prohibition indeed line drawn indefensibly arbitrary quite likely protect number offenders mature enough deserve death penalty may well leave vulnerable many purposes proportionality analysis class qualitatively materially different mentally retarded mentally retarded offenders understood category atkins defined precisely characteristics render death excessive punishment mentally retarded person definition one whose cognitive behavioral capacities proven fall certain minimum see atkins see also discussing characteristics mental retardation leaving development mechanisms determine offenders fall within class exempt capital punishment accordingly purposes decision atkins mentally retarded merely less blameworthy misconduct less likely deterred death penalty others rather mentally retarded offender one whose demonstrated impairments make highly unlikely culpable enough deserve death penalty deterred threat death execution defensible punishment inherent accurate fit offender chronological age personal limitations believes make capital punishment excessive murderers moreover defies common sense suggest class somehow equivalent mentally retarded persons regard culpability susceptibility deterrence may average less mature adults lesser maturity simply equated major lifelong impairments suffered mentally retarded proportionality issues raised clearly implicate eighth amendment concerns concerns may properly addressed means arbitrary categorical rule rather individualized sentencing juries required give appropriate mitigating weight defendant immaturity susceptibility outside pressures cognizance consequences actions forth way constitutional response tailored specific problem meant remedy eighth amendment guards execution insufficiently culpable see ante significant part requiring sentencing reflect reasoned moral response defendant background character crime california brown concurring accordingly sentencer capital case must permitted give full effect constitutionally relevant mitigating evidence see tennard dretke slip lockett ohio plurality opinion defendant youth immaturity course paradigmatic example evidence see eddings although prosecutor apparent attempt use respondent youth aggravating circumstance case troubling conduct never challenged specificity lower courts directly issue suggests overreaching best addressed narrowly tailored remedy see ante argues sentencing juries accurately evaluate youthful offender maturity give appropriate weight mitigating characteristics related youth presents real evidence record appears contain none supporting claim perhaps importantly fails explain duty different much difficult assessing giving proper effect qualitative capital sentencing factor quick conclude constitutional safeguards sentencing juries trial judges upon place much reliance capital cases inadequate narrow context turn finally discussion foreign international law without question global trend recent years towards abolishing capital punishment offenders countries permit practice law fact see ante acknowledging actions views countries dictate outcome eighth amendment inquiry asserts overwhelming weight international opinion juvenile death penalty provide respected significant confirmation conclusions ante believe genuine national consensus juvenile death penalty yet developed believe moral proportionality argument justifies categorical constitutional rule assign confirmatory role international consensus described short evidence international consensus alter determination eighth amendment time forbid capital punishment murderers cases nevertheless disagree justice scalia contention post dissenting opinion foreign international law place eighth amendment jurisprudence course nearly half century consistently referred foreign international law relevant assessment evolving standards decency see atkins thompson plurality opinion enmund coker plurality opinion trop plurality opinion inquiry reflects special character eighth amendment long held draws meaning directly maturing values civilized society obviously american law distinctive many respects least specific provisions constitution history exposition dictate cf post scalia dissenting discussing distinctively american rules law related fourth amendment establishment clause nation evolving understanding human dignity certainly neither wholly isolated inherently odds values prevailing countries contrary surprised find congruence domestic international values especially international community reached clear agreement expressed international law domestic laws individual countries particular form punishment inconsistent fundamental human rights least existence international consensus nature serve confirm reasonableness consonant genuine american consensus instant case presents domestic consensus however recent emergence otherwise global consensus alter basic fact determining whether eighth amendment permits capital punishment particular offense class offenders must look whether punishment consistent contemporary standards decency obligated weigh objective evidence societal values judgment whether death excessive sanction context hand instant case objective evidence inconclusive standing alone demonstrate society repudiated capital punishment offenders cases rather actions nation legislatures suggest although clear durable national consensus practice may time emerge day yet arrive acting soon decision stanford democratic debate genuine consensus might develop simultaneously runs considerable risk inviting lower reassessments eighth amendment precedents sure objective evidence supporting today decision similar though marginally weaker evidence atkins atkins decided based solely evidence rather compelling proportionality argument capital punishment mentally retarded played decisive role eighth amendment ruling moreover constitutional rule adopted atkins tailored proportionality argument exempted capital punishment defined group offenders whose proven impairments rendered highly unlikely perhaps impossible act degree culpability necessary deserve death atkins left development mechanisms determine individual offenders fell within class instant case contrast moral proportionality arguments juvenile death penalty fail support rule adopts today question chronological age minor relevant mitigating factor great weight eddings sentencing juries must given opportunity carefully consider defendant age maturity deciding whether assess death penalty mitigating characteristics associated youth justify absolute age limit legislature reasonably conclude many murderers mature enough deserve death penalty appropriate case nothing record us suggests sentencing juries unable accurately assess defendant maturity incapable giving proper weight youth mitigating factor eighth amendment requires rule imposed today end flawed proportionality argument simply bear weight place upon reasonable minds differ minimum age commission serious crime expose defendant death penalty many jurisdictions abolished capital punishment altogether many others determined even heinous crime committed age punishable death indeed office legislator rather judge inclined support legislation setting minimum age context significant number including missouri decided make death penalty potentially available capital murderers respondent without clearer showing genuine national consensus forbids execution offenders substitute inevitably subjective judgment best resolve difficult moral question judgments nation democratically elected legislatures see thompson supra concurring judgment respectfully dissent donald roper superintendent potosi correctional center petitioner christopher simmons writ certiorari missouri march justice scalia chief justice justice thomas join dissenting urging approval constitution gave judges power nullify laws enacted people representatives alexander hamilton assured citizens new york little risk since judiciary ha neither force merely judgment federalist rossiter ed hamilton mind traditional judiciary bound strict rules precedents serve define point duty every particular case comes bound indeed mockery today opinion makes hamilton expectation announcing conclusion meaning constitution changed past years mind decision years ago wrong constitution changed reaches implausible result purporting advert original meaning eighth amendment evolving standards decency ante internal quotation marks omitted national society finds flimsiest grounds national consensus perceived people laws barely years ago solidly exists worse still says many words people laws say issue last analysis matter end judgment brought bear question acceptability death penalty eighth amendment ante internal quotation marks omitted thus proclaims sole arbiter nation moral standards course discharging awesome responsibility purports take guidance views foreign courts legislatures believe meaning eighth amendment meaning provisions constitution determined subjective views five members foreigners dissent determining capital punishment offenders committed murder age cruel unusual eighth amendment first considers accordance modern though view mistaken jurisprudence whether national consensus ibid internal quotation marks omitted laws allowing executions contravene modern standards decency trop dulles held determination based objective indicia reflect public attitude toward given sanction namely statutes passed society elected representatives stanford kentucky internal quotation marks omitted atkins virginia dutifully recites test claims halfheartedly national consensus emerged since decision stanford permit capital punishment legislation prohibiting execution offenders four adopted legislation since stanford see ante words meaning views less death penalty constitute national consensus see atkins supra scalia dissenting previous cases required overwhelming opposition challenged practice generally long period time coker georgia plurality concluded eighth amendment prohibited capital punishment rape adult woman one jurisdiction authorized punishment plurality also observed time last years ha majority authorized death punishment rape ford wainwright held execution insane unconstitutional tracing roots prohibition common law noting state union permits execution insane enmund florida invalidated capital punishment imposed participation robbery accomplice committed murder death penalty prohibited punishment even expressed hesitation legislative judgment neither unanimous among state legislatures compelling legislative judgments considered coker contrast agreement among death penalty stanford appears believe correctly decided time ante insufficient show national consensus see stanford supra attempt keep afloat implausible assertion national consensus throws overboard proposition well established eighth amendment jurisprudence observed says stanford considered abandoned death penalty altogether part consensus juvenile death penalty state decision bar death penalty altogether necessity demonstrates judgment death penalty inappropriate offenders including juveniles ante insinuation new method counting contradicts stanford misleading none cases dealing alleged constitutional limitation upon death penalty counted supporting consensus favor limitation eliminated death penalty entirely see ford supra enmund supra coker supra good reason consulting bar death penalty concerning necessity making exception penalty offenders rather like including amishmen poll electric car course like sheds light whatever point issue favor executions says something consensus death penalty nothing absolutely nothing consensus offenders deserve special immunity penalty repealing death penalty considered none factors puts forth determinative issue us today lower culpability young inherent recklessness lack capacity considered judgment etc might relevant perhaps many permit offenders treated adults respect noncapital offenses indeed even require juveniles young tried adults charged attempt turn remarkable minority consensus faux majority counting amishmen act nomological desperation recognizing argument weak compared earlier cases atkins found additional support fact prohibited execution mentally retarded individuals since penry lynaugh atkins supra indeed atkins distinguished stanford ground explaining lthough decided stanford day penry apparently two state legislatures raised threshold age imposition death penalty emphasis added says legislative change four significant enough trigger constitutional ante amazing think subtle shift numbers take issue entirely table legislative debate also doubt whether many legislators voted change laws four done known decision pronouncement rendered irreversible legislative support capital punishment form surged ebbed throughout nation history justice explained history death penalty instructs danger inferring settled societal consensus statistics like relied case michigan became first state abolish death penalty succeeding decades american continued trend towards abolition later particularly world war ii ensued steady dramatic decline executions abolished radically restricted capital punishment executions ceased completely several years beginning heard arguments constitutionality death penalty statistics might suggested practice become relic implicitly rejected new societal consensus know inference societal consensus rejecting death penalty mistaken declared existence consensus outlawed capital punishment legislatures likely able revive mistaken premise decision frozen constitutional law making difficult refute even difficult reject thompson oklahoma opinion concurring judgment relying narrow margins especially inappropriate light fact number legislatures voters expressly affirmed support capital punishment offenders since stanford though correct state lowered death penalty age missouri virginia legislatures time stanford minimum age requirement expressly established minimum mo rev stat code ann lexis people done ballot initiative thus even executed offender recent years unquestionably favor possibility capital punishment circumstances reliance infrequency executions murderers ante credits argument considered explicitly rejected stanford infrequency explained accurately said undisputed fact far smaller percentage capital crimes committed persons thus possible overwhelmingly probable considerations induce respondent supporters believe death never imposed offenders cause prosecutors juries believe rarely imposed stanford supra furthermore unclear executions relevant age group decreased since decided stanford death sentences given individuals committed crimes reaching age streib juvenile death penalty today death sentences executions juvenile crimes january table last updated http internet materials visited available clerk case file hereinafter juvenile death penalty today contrast sentenced death committed crimes see stanford supra citing streib imposition death sentences juvenile offenses january april paper college law april actual executions offenders constituted total executions since juvenile death penalty today stanford noted executions offenders found lower number demonstrate national consensus penalty citing streib death penalty juveniles thus numbers offenders subjected death penalty though low compared adults either held steady slightly increased since stanford statistics way support action takes today ii course real force driving today decision actions four state legislatures judgment murderers younger never morally culpable older counterparts ante quoting atkins turn quoting coker plurality opinion claims usurpation role moral arbiter simply retur rul established decisions predating stanford ante supposed rule reflected solely dicta never holding purports supplant consensus american people justices repudiated stanford good reason foundation law logic eighth amendment set forth ordinary rule law indeed role say law pronounced eighth amendment reflection evolving standards decency society makes sense justices prescribe standards rather discern practices people hypothesis legitimate function identify moral consensus american people conceivable warrant nine lawyers presume authoritative conscience nation reason insistence legislative primacy obvious fundamental democratic society legislatures courts constituted respond consequently moral values people gregg georgia joint opinion stewart powell stevens jj quoting furman georgia burger dissenting similar reason determination society moral standards consulted practices sentencing juries juries link contemporary community values penal claim gregg supra quoting witherspoon illinois today opinion provides perfect example judges ill equipped make type legislative judgments insists making support opinion prohibited imposing death penalty anyone committed murder age looks scientific sociological studies picking choosing support position never explains particular studies methodologically sound none ever entered evidence tested adversarial proceeding chief justice explained ethodological errors affect reliability validity estimates opinions attitudes population derived various sampling techniques everything variations survey methodology choice target population sampling design used questions asked statistical analyses used interpret data skew results atkins supra dissenting opinion citing groves survey errors survey costs turner martin surveying subjective phenomena words done today borrow another context look heads crowd pick friends cf conroy aniskoff scalia concurring judgment need look far find studies contradicting conclusions petitioner points american psychological association apa claims case scientific evidence shows persons lack ability take moral responsibility decisions previously taken precisely opposite position brief hodgson minnesota apa found rich body research showing juveniles mature enough decide whether obtain abortion without parental involvement brief apa amicus curiae apa brief citing psychology treatises studies numerous list asserted middle adolescence age young people develop abilities similar adults reasoning moral dilemmas understanding social rules laws reasoning interpersonal relationships interpersonal problems citations omitted given nuances scientific methodology conflicting views courts consider limited evidence record ill equipped determine view science right one legislatures better qualified weigh results statistical studies terms local conditions flexibility approach available courts mccleskey kemp quoting gregg supra even putting aside questions methodology studies cited offer scant support categorical prohibition death penalty murderers studies conclude average cases persons unable take moral responsibility actions one cited studies opines individuals unable appreciate nature crimes moreover cited studies describe adolescents engage risky antisocial behavior many young people murder however risky antisocial behavior entirely consistent believe young people often act impetuously lack judgment time believe commit premeditated murder least sometimes culpable adults christopher simmons seven months shy birthday murdered shirley crook described friends beforehand chilling callous terms puts ante murder planned commit broke home innocent woman bound duct tape electrical wire threw bridge alive conscious ante amici brief alabama delaware oklahoma texas utah virginia offer additional examples murders committed individuals involve truly monstrous acts alabama two one one picked female hitchhiker threw bottles kicked stomped approximately minutes died sexually assaulted lifeless body finished threw body cliff later returned crime scene mutilate corpse see brief alabama et al amici curiae see also loggins state crim app duncan state crim app examples brief equally shocking though cases assuredly exception rather rule studies cites way justify constitutional imperative prevents legislatures juries treating exceptional cases exceptional way determining murders acts teenagers heinous crimes deserving death almost every state prohibits years age voting serving juries marrying without parental consent ante patently irrelevant yet another resurrection argument gave decent burial stanford kind equal justice law without much sorry gives basis sparing one person execution arguments explicitly rejected refusing spare another explained stanford absurd think one must mature enough drive carefully drink responsibly vote intelligently order mature enough understand murdering another human profoundly wrong conform one conduct minimal civilized standards serving jury entering marriage also involve decisions far sophisticated simple decision take another life moreover age statutes lists set appropriate ages operation system makes determinations gross conduct individualized maturity tests ibid criminal justice system contrast provides individualized consideration defendant capital cases requires sentencer make individualized determination includes weighing aggravating factors mitigating factors youth see eddings opinion powell planned parenthood central mo danforth hard see context different whether obtain abortion surely much complex decision young person whether kill innocent person cold blood concludes however ante juries trusted delicate task weighing defendant youth along mitigating aggravating factors crime startling conclusion undermines foundations capital sentencing system entrusts juries mak ing difficult uniquely human judgments defy codification discretion equity flexibility legal system mccleskey supra quoting kalven zeisel american jury says ante juries unable appreciate significance defendant youth faced details brutal crime assertion based evidence contrary acknowledges execution offenders infrequent even without formal prohibition executing juveniles ante suggesting juries take seriously responsibility weigh youth mitigating factor suggest stopping point reasoning juries make appropriate determinations cases involving murderers kinds cases find jurors deficient already held jury may consider whether mentally deficient defendant receive death penalty irrespective crime see atkins take mitigating factors considerations childhood abuse poverty away juries well surely jurors overpower ed brutality nature crime ante adequately weigh mitigating factors either contention goals retribution deterrence served executing murderers also transparently false argument etribution proportional law severe penalty imposed one whose culpability blameworthiness diminished ante simply extension earlier false generalization youth always defeats culpability claims juveniles less susceptible deterrence ante likelihood teenage offender made kind analysis attaches weight possibility execution remote virtually nonexistent ibid quoting thompson unsurprisingly finds support astounding proposition save case law facts case show proposition false committing crime simmons encouraged friends join assuring get away minors state ex rel simmons roper mo price dissenting fact may influenced jury decision impose capital punishment despite simmons age refuses entertain possibility unsubstantiated generalization juveniles wrong ignores evidence entirely iii though views citizens essentially irrelevant decision today views countries international community take center stage begins noting article nations convention rights child entered force every country world ratified save somalia contains express prohibition capital punishment crimes committed juveniles ante emphasis added also discusses international covenant civil political rights iccpr december ante senate ratified subject reservation reads reserves right subject constitutional restraints impose capital punishment person pregnant woman duly convicted existing future laws permitting imposition capital punishment including punishment crime committed persons eighteen years age senate committee foreign relations international covenant civil political rights exec unless added arsenal power join ratify treaties behalf see evidence favors rather refutes position senate president actors constitution empowers enter treaties see art ii declined join ratify treaties prohibiting execution offenders suggest country either reached national consensus question reached consensus contrary announces reservation iccpr made suggest otherwise since reservation still remains place today also worth noting addition barring execution offenders nations convention rights child prohibits punishing life prison without possibility release truly going get line international community reassurance death penalty really needed since punishment life imprisonment without possibility parole severe sanction ante gives little comfort interesting whereas content accept federal union say insists inquiring specifically whether fact apply juvenile death penalty laws allow quite willing believe every foreign nation whatever tyrannical political makeup however subservient incompetent system fact adheres rule death penalty offenders inquire many countries death penalty forsworn paper least imposing penalty offenders state country constitutionally mandatory death penalty certain crimes possibility mitigation sentencing authority youth reason suspect see simon blaskovich comparative analysis capital punishment statutes policies frequencies public attitudes world forbid death penalty juveniles system may good idea says nothing system sentencing authority typically jury always almost always withhold death penalty offender except considering circumstances rare cases warranted foreign authorities words even speak issue us fundamentally however basic premise argument american law conform laws rest world rejected hand fact believe many significant respects laws countries differ law including explicit provisions constitution right jury trial grand jury indictment even many interpretations constitution prescribed exclusionary rule example distinctively american adopted rule mapp ohio unique american jurisprudence bivens six unknown fed narcotics agents burger dissenting since categorical exclusionary rule universally rejected countries including rules prohibiting illegal searches police misconduct despite fact none countries appears alternative form discipline police effective preventing search violations bradley mapp goes abroad case res rev england example rarely excludes evidence found illegal search seizure recently begun excluding evidence illegally obtained confessions see slobogin criminal procedure regulation police investigation ed canada rarely excludes evidence admission bring administration justice disrepute internal quotation marks omitted european human rights held introduction illegally seized evidence violate fair trial requirement article european convention human rights see slobogin supra bradley supra oblivious views countries deciding interpret constitution requirement congress shall make law respecting establishment religion amdt countries including committed religious neutrality insist degree separation church state requires example whereas recognized special establishment clause dangers government makes direct money payments sectarian institutions rosenberger rector visitors univ citing cases countries netherlands germany australia allow direct government funding religious schools ground state truly neutral secular religious perspectives dominate provision key service education makes possible people exercise right religious expression within context public funding monsma soper challenge pluralism church state five democracies see also england permits teaching religion state schools even france considered america rival strictness separation practice contracting educational services provided catholic schools widespread glenn ambiguous embrace government schools social agencies let us forget abortion jurisprudence makes us one six countries allow abortion demand point viability see larsen importing constitutional norms wider civilization lawrence rehnquist use foreign international law domestic constitutional interpretation ohio center reproductive rights world abortion laws june http though government amici cases following roe wade urged follow international community lead arguments fell deaf ears see mccrudden part main suicide cases comparative law methodology law end life assisted suicide schneider ed special reliance laws kingdom perhaps indefensible part opinion course true share common history kingdom often consult english sources asked discern meaning constitutional text written backdrop english law legal thought applied approach today task easy one explained harmelin michigan cruell unusuall punishments provision english declaration rights originally meant describe punishments judges punishments authorized common law statute nonetheless administered crown crown judges reasoning death penalty offenders easily survive challenge however think wrongly long rejected purely originalist approach eighth amendment certainly approach takes today instead undertakes majestic task determining thereby prescribing nation current standards decency beyond comprehension look purpose country developed centuries since revolutionary war increasing speed since kingdom recent submission jurisprudence european courts dominated continental jurists legal political social culture quite different took directive seriously also consider relaxing double jeopardy prohibition since british law commission recently published report significantly extend rights prosecution appeal cases acquittal result judge ruling legally incorrect see law commission double jeopardy prosecution appeals law com cm mar spencer english system european criminal procedures spencer eds also curtail right jury trial criminal cases since despite jury system deep roots shared common law england permits serious offenders tried magistrates without jury see feldman england wales criminal procedure worldwide study bradley ed either profess willingness reconsider matters light views foreigners else cease putting forth foreigners views part reasoned basis decisions invoke alien law agrees one thinking ignore otherwise reasoned decisionmaking responds lessen fidelity constitution pride origins acknowledge express affirmation certain fundamental rights nations peoples simply underscores centrality rights within heritage freedom ante begin believe approval nations peoples buttress commitment american principles logically follow disapproval nations peoples weaken commitment importantly however statement flatly misdescribes going foreign sources cited today underscore fidelity constitution pride origins american heritage contrary cited set aside american practice practice still engaged large majority relevant letting jury citizens decide whether particular case youth basis withholding death penalty foreign sources affirm rather repudiate justices notion world diktat shall henceforth america parting attempt downplay significance extensive discussion foreign law unconvincing acknowledgment foreign approval place legal opinion unless part basis judgment surely parades today iv add insult injury affirms missouri without even admonishing flagrant disregard precedent stanford today always held prerogative alone overrule one precedents state oil khan true even judicial doctrine ha significantly undermined prior holding hatter quoting hatter ca fed even prior holding appears rest reasons rejected line decisions rodriguez de quijas american express today however silently approves decision blatantly rejected controlling precedent one must admit missouri action indulgent reaction way understandable system based upon constitutional statutory text democratically adopted concept law ordinarily signifies particular words fixed meaning law change pronouncement therefore remains authoritative confessing prior error overrule purported make eighth amendment however mirror passing changing sentiment american society regarding penology lower courts look mirror well saw years ago bears necessary relationship see today since looking text different scene earlier decision control judgment however sound philosophically way run legal system must disregard new reality extent eighth amendment decisions constitute something show hands current justices current personal views penology purport nothing snapshot american public opinion particular point time timeframes shortened mere years must treat decisions though represented real law real prescriptions democratically adopted american people conclusively rather sequentially construed allowing lower courts reinterpret eighth amendment whenever decide enough time passed new snapshot leaves decisions without force especially since evolution eighth amendment longer determined objective criteria allow lower courts behave updating eighth amendment needed destroys stability makes case law unreliable basis designing laws citizens representatives action public officials result crown arbitrariness chaos footnotes capital punishment offenders subject death penalty result transfer statutes permit offenders tried adults certain serious crimes see ante appendix observed thompson oklahoma opinion concurring judgment many reasons nothing whatsoever capital punishment might motivate legislature provide general matter minors channeled adult criminal justice process accordingly clearly counted opposing capital punishment offenders fact permit punishment indirect mechanism necessarily show affirmative unequivocal legislative support practice see ibid footnotes ignores entirely threshold inquiry determining whether particular punishment complies eighth amendment whether one modes acts punishment considered cruel unusual time bill rights adopted ford wainwright noted prior cases evidence unusually clear eighth amendment originally understood prohibit capital punishment offenders see stanford kentucky time eighth amendment adopted death penalty theoretically imposed crime though rebuttable presumption incapacity commit capital felony age see ibid citing blackstone commentaries hale pleas crown see alaska stat lexis haw rev stat iowa code rev stat tit west mass laws ch west comp laws ann west stat cent code lexis supp laws lexis stat tit lexis code lexis stat see also national center juvenile justice trying sentencing juveniles adults analysis state transfer blended sentencing laws district columbia jurisdiction without death penalty specifically exempts offenders harshest sanction life imprisonment without parole see code west see mass laws ch west cent code lexis supp code lexis notes washington state decision prohibit executions offenders made judicial legislative decision state furman construed state death penalty statute set age limit apply persons opinion found construction necessary avoid considered constitutional difficulties purport reflect popular sentiment irrelevant question changed national consensus arizona ballot proposition exposed murderers death penalty automatically transferring juvenile courts statute implementing proposition required county attorney bring criminal prosecution juvenile manner adult juvenile fifteen sixteen seventeen years age accused first degree murder rev stat ann west arizona added scheme constitutional requirement individualized assessment juvenile maturity time offense see state davolt florida voters approved amendment state constitution changed wording cruel unusual cruel unusual fla art see commentary amendment stat west response florida ruling cruel unusual excluded death penalty defendant committed murder younger see brennan state adopting federal constitutional language florida voters effectively adopted decision stanford kentucky see weaver word may allow execution miami herald see enmund florida reason disagree th judgment state legislatures purposes construing applying eighth amendment coker georgia plurality opinion legislative rejection capital punishment rape strongly confirms judgment justice agrees analysis national consensus exists ante dissenting opinion nonetheless prepared like majority override judgment america legislatures contradicts assessment moral proportionality ante dissents votes today case demonstrate offending selected lawyers moral sentiments predictable basis law much less democratic one justice asserts eighth amendment special character draws meaning directly maturing values civilized society ante nothing text reflects distinctive character certainly applied maturing values rationale give brave new meaning provisions constitution due process clause equal protection clause see lawrence texas virginia planned parenthood southeastern casey justice asserts international consensus least serve confirm reasonableness consonant genuine american consensus ante surely unless also demonstrate unreasonableness consensus either america principles follow world one ways finally justice finds unnecessary consult foreign law present case domestic consensus confirmed ibid since believes justices announce requirements moral proportionality despite absence consensus foreign law relevant judgment foreign law powerful enough supplant judgment american people surely powerful enough change personal assessment moral proportionality