thompson oklahoma argued november decided june petitioner years old actively participated brutal murder petitioner child matter oklahoma law district attorney filed statutory petition seeking tried adult trial granted convicted sentenced death criminal appeals oklahoma affirmed held judgment vacated case remanded vacated remanded justice stevens joined justice brennan justice marshall justice blackmun concluded cruel unusual punishments prohibition eighth amendment made applicable fourteenth amendment prohibits execution person years age time offense pp determining whether categorical eighth amendment prohibition applies must guided evolving standards decency mark progress maturing society trop dulles must review relevant legislative enactments jury determinations consider reasons civilized society may accept reject death penalty person less years old time crime pp relevant state statutes particularly expressly considered question minimum age imposition death penalty uniformly required defendant attained least age time capital offense support conclusion offend civilized standards decency execute person less years old time offense conclusion also consistent views expressed respected professional organizations nations share heritage leading members western european community pp behavior juries evidenced statistics demonstrating although persons age executed first half century execution taken place since despite fact thousands murder cases tried period persons sentenced death willful homicide years less time offense leads unambiguous conclusion imposition death penalty offender generally abhorrent conscience community pp juvenile reduced culpability fact application death penalty class offenders measurably contribute essential purposes underlying penalty also support conclusion imposition penalty persons age constitutes unconstitutional punishment already endorsed proposition less culpability attach crime committed juvenile comparable crime committed adult since inexperience less education less intelligence make teenager less able evaluate consequences conduct time much apt motivated mere emotion peer pressure adult cf bellotti baird eddings oklahoma given lesser culpability well teenager capacity growth society fiduciary obligations children retributive purpose underlying death penalty simply inapplicable execution offender moreover deterrence rationale penalty equally unacceptable respect offenders since statistics demonstrate vast majority persons arrested willful homicide time offense since likelihood teenage offender made kind analysis attaches weight possibility execution virtually nonexistent since fanciful believe deterred knowledge small number persons age executed century pp justice concluded although national consensus forbidding execution person crime committed age likely exist conclusion unnecessarily adopted matter constitutional law without better evidence fact legislatures expressly considered question set minimum age capital punishment coupled fact rejected capital punishment completely suggests existence consensus however federal government authorized capital punishment without setting minimum age also provided prosecuted adults laws appear render death eligible thus pose real obstacle finding consensus moreover although execution sentencing statistics support inference consensus dispositive indicate many juries asked impose death penalty juvenile offenders many times prosecutors exercised discretion refrain seeking penalty furthermore granting premise adolescents generally less blameworthy adults commit similar crimes necessarily follow incapable moral culpability justify imposition capital punishment evidence class inherently incapable deterred major crimes prospect death penalty thus danger inference societal consensus drawn evidence case might mistaken rather rely inevitably subjective judgment best age draw line forbidding capital punishment possible await express judgments additional legislatures pp petitioner sentence must set aside ground whereas eighth amendment requires special care deliberation decisions may lead imposition death penalty considerable risk enacting statute authorizing capital punishment murder without setting minimum age separately providing juvenile defendants may treated adults circumstances oklahoma legislature either realize actions effectively render death eligible give question serious consideration reflected explicit choice particular minimum age available evidence suggests national consensus forbidding imposition capital punishment crimes committed age petitioner others whose crimes committed age may executed pursuant capital punishment statute specifies minimum age pp harry tepker appointment argued cause petitioner briefs victor streib david lee argued cause respondent brief robert henry attorney general oklahoma william luker susan stewart dickerson sandra howard caroline emerson assistant attorneys general briefs amici curiae urging reversal filed child welfare league america et al randy hertz martin guggenheim international human rights law group robert kapp brief amicus curiae urging affirmance filed kentucky et al david armstrong attorney general kentucky david smith virgil webb iii assistant attorneys general attorneys general respective follows siegelman alabama robert corbin arizona john steven clark arkansas john kelly connecticut charles oberly delaware robert butterworth florida jim jones idaho robert stephan kansas edwin pittman mississippi william webster missouri mike greely montana brian mckay nevada hal stratton new mexico lacy thornburg north carolina leroy zimmerman pennsylvania travis medlock south carolina david wilkinson utah mary sue terry virginia joseph meyer wyoming briefs amici curiae filed american bar association eugene thomas andrew shookhoff steven goldblatt american society adolescent psychiatry et al joseph mclaughlin jeremy epstein henry weisburg amnesty international paul hoffman joan howarth joan hartman mary mcclymont john osborn defense children anna mamalakis pappas national legal aid defender association et al james coleman michael mello office state appellate defender illinois theodore gottfried justice stevens announced judgment delivered opinion justice brennan justice marshall justice blackmun join petitioner convicted murder sentenced death principal question presented whether execution sentence violate constitutional prohibition infliction cruel unusual punishments petitioner years old time offense claim punishment excessive crime committed adult brief statement facts necessary concert three older persons petitioner actively participated brutal murder former early morning hours january evidence disclosed victim shot twice throat chest abdomen cut also multiple bruises broken leg body chained concrete block thrown river remained almost four weeks four participants tried separately sentenced death petitioner child matter oklahoma law district attorney filed statutory petition see okla tit seeking order finding said child competent mental capacity know appreciate wrongfulness conduct app hearing trial concluded virtually reasonable prospects rehabilitation william wayne thompson within juvenile system william wayne thompson held accountable acts adult certified stand trial adult emphasis original guilt phase petitioner trial prosecutor introduced three color photographs showing condition victim body removed river although criminal appeals held use two photographs error concluded error harmless evidence petitioner guilt convincing however prosecutor also used photographs closing argument penalty phase criminal appeals consider whether display proper penalty phase trial prosecutor asked jury find two aggravating circumstances murder especially heinous atrocious cruel probability defendant commit criminal acts violence constitute continuing threat society jury found first second fixed petitioner punishment death criminal appeals affirmed conviction sentence citing earlier opinion eddings state rev grounds proposition minor certified stand trial adult may also without violating constitution punished adult granted certiorari consider whether sentence death cruel unusual punishment crime committed child well whether photographic evidence state deems erroneously admitted harmless guilt phase nevertheless violates capital defendant constitutional rights virtue considered penalty phase ii authors eighth amendment drafted categorical prohibition infliction cruel unusual punishments made attempt define contours category delegated task future generations judges guided evolving standards decency mark progress maturing society trop dulles plurality opinion warren performing task reviewed work product state legislatures sentencing juries carefully considered reasons civilized society may accept reject death penalty certain types cases thus confronting question whether youth defendant specifically fact less years old time offense sufficient reason denying state power sentence death first review relevant legislative enactments refer jury determinations finally explain indicators contemporary standards decency confirm judgment young person capable acting degree culpability justify ultimate penalty iii justice powell repeatedly reminded us importance experience mankind well long history law recognizing differences must accommodated determining rights duties children compared adults examples distinction abound law contracts torts criminal law procedure criminal sanctions rehabilitation right vote hold office goss lopez dissenting opinion oklahoma recognizes basic distinction number statutes thus minor eligible vote sit jury marry without parental consent purchase alcohol cigarettes like oklahoma developed juvenile justice system offenders age held criminally responsible statutes provide however charged murder serious felonies shall considered adult special certification procedure used authorize petitioner trial case adult apparently oklahoma statutes either civil criminal treat person years age anything child line childhood adulthood drawn different ways various however complete near unanimity among district columbia treating person minor several important purposes state may vote serve jury one state may drive without parental consent four may marry without parental consent additionally legislated subject one age may purchase pornographic materials form legalized gambling minors permitted participate without parental consent relevant however fact enacted legislation designating maximum age juvenile jurisdiction less legislation consistent experience mankind well long history law normal prepared assume full responsibilities adult state legislatures expressly confronted question establishing minimum age imposition death penalty capital punishment authorized others capital punishment authorized minimum age expressly stated death penalty statute one might argue basis body legislation chronological age imposition death penalty unconstitutional current standards decency still tolerate execution children think argument unacceptable indeed argument advanced case therefore accept premise offenders simply young put death reasonable put group statutes one side focus question chronological age line drawn confine attention expressly established minimum age death penalty statutes find require defendant attained least age time capital offense 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 thus american bar association american law institute formally expressed opposition death penalty juveniles although death penalty entirely abolished kingdom new zealand abolished australia except state new south wales available treason piracy neither countries may juvenile executed death penalty abolished west germany france portugal netherlands scandinavian countries available exceptional crimes treason canada italy spain switzerland juvenile executions also prohibited soviet union iv second societal factor examined determining acceptability capital punishment american sensibility behavior juries fact infrequent haphazard handing death sentences capital juries prime factor underlying judgment furman georgia death penalty administered unguided fashion unconstitutional known precisely many persons executed century crimes committed age scholar recently compiled table revealing number occurred first half century last execution taking place apparently following year observed whole country traveled far period death sentence automatic commonplace result convictions williams new york road traveled past four decades thousands juries tried murder cases leads unambiguous conclusion imposition death penalty offender generally abhorrent conscience community department justice statistics indicate years average persons arrested willful criminal homicide murder nonnegligent manslaughter year group persons sentenced death including petitioner case less years old time offense statistics kind course interpreted different ways suggest five young offenders received sentences cruel unusual way struck lightning cruel unusual furman georgia stewart concurring although judgments legislatures juries prosecutors weigh heavily balance us ultimately judge whether eighth amendment permits imposition death penalty one petitioner committed heinous murder years old enmund florida making judgment first ask whether juvenile culpability measured standard adult consider whether application death penalty class offenders measurably contributes social purposes served death penalty youth chronological fact time condition life person may susceptible influence psychological damage history replete laws judicial recognition minors especially earlier years generally less mature responsible adults particularly formative years childhood adolescence minors often lack experience perspective judgment expected adults bellotti baird eddings oklahoma footnotes omitted dolescents particularly early middle teen years vulnerable impulsive less adults crimes committed youths may harmful victims committed older persons deserve less punishment adolescents may less capacity control conduct think terms adults moreover youth crime exclusively offender fault offenses young also represent failure family school social system share responsibility development america youth death penalty said serve two principal social purposes retribution deterrence capital crimes prospective offenders gregg georgia joint opinion stewart powell stevens gregg concluded expression society moral outrage particularly offensive conduct retribution inconsistent respect dignity men ibid given lesser culpability juvenile offender teenager capacity growth society fiduciary obligations children conclusion simply inapplicable execution offender vi petitioner counsel various amici curiae asked us draw line prohibit execution person age time offense task today however decide case us concluding eighth fourteenth amendments prohibit execution person years age time offense judgment criminal appeals vacated case remanded instructions enter appropriate order vacating petitioner death sentence ordered appendices appendix right vote provisions beyond reference amdt alaska alaska art rev stat ann supp ark ark code ann cal cal art rev stat conn art stat supp del del code tit code stat code ann haw haw rev stat idaho idaho code supp rev ch ind ind code supp iowa iowa code kan art const la la art la rev stat ann west rev stat tit supp md md ann code art mass mass laws comp laws stat miss miss art mo mo art viii mont mont art iv mont code ann neb neb art vi neb rev stat rev stat pt art art provisions beyond reference amdt elec law mckinney stat art ii ohio ohio art ohio rev code ann okla art ore art ii stat tit purdon supp laws supp code supp art vii codified laws code ann tex tex elec code ann supp utah utah code ann stat tit va art ii wash art vi amdt code wis art stat wyo wyo stat supp appendix right serve jury code alaska alaska stat ann supp rev stat ann supp ark ark code ann cal cal civ proc code ann west supp rev stat stat supp del del code tit supp code supp stat code ann supp haw haw rev stat idaho idaho code supp rev ch ind ind code supp iowa iowa code stat ann rev stat la la code crim proc art west supp rev stat tit supp md md cts jud proc code ann mass mass laws comp laws supp stat subd miss miss code ann mo mo rev stat mont mont code ann neb neb rev stat rev stat rev stat ann stat ann west supp stat ann jud law mckinney supp stat cent code supp ohio ohio rev code ann okla tit rev stat cons stat laws code codified laws code ann tex tex govt code ann utah utah code ann stat ann administrative orders rules qualification list selection summoning jurors rule code supp rev code code supp stat wyo wyo stat appendix right drive without parental consent code alaska alaska stat ann supp rev stat ann supp ark ark code ann cal cal veh code ann west rev stat stat del del code tit code stat code ann haw haw rev stat idaho idaho code supp rev ch ind ind code iowa iowa code stat ann rev stat ann la la rev stat ann west supp rev stat tit supp md md transp code ann mass mass laws comp laws stat miss miss code ann supp mo mo rev stat supp mont mont code ann may drive without parental consent pass driver education course neb neb rev stat rev stat rev stat ann supp stat ann west supp stat ann veh traf law mckinney stat cent code ohio ohio rev code ann supp okla tit supp rev stat cons laws supp code codified laws code ann supp tex tex rev civ stat art vernon supp utah utah code ann supp stat tit code supp rev code code stat wyo wyo stat supp appendix right marry without parental consent code alaska alaska stat ann judge may permit minor marry without parental consent even face parental opposition certain circumstances rev stat ann ark ark code ann cal cal civ code ann west rev stat stat del del code tit code stat code ann haw haw rev stat idaho idaho code rev ch ind ind code supp iowa iowa code stat ann rev stat la la civ code art west supp minors legally prohibited marrying even without parental consent marriage ceremony required la rev stat ann west supp official may perform marriage ceremony minor party without parental consent comments civ code art suggest marriage valid official may face sanctions rev stat tit supp md md fam law code ann either party may marry without parental consent woman married pregnant given birth child mass mass laws comp laws stat miss miss code ann supp female may marry without parental consent mo mo rev stat mont mont code ann neb neb rev stat rev stat rev stat ann stat ann west supp stat ann dom rel law mckinney stat supp cent code ohio ohio rev code ann supp okla tit rev stat stat tit purdon supp laws code codified laws code ann supp tex tex fam code ann supp utah utah code ann stat tit code rev code code stat wyo wyo stat appendix right purchase pornographic materials code supp alaska legislation rev stat ann supp ark ark code ann cal cal penal code ann west rev stat stat del del code tit code stat code ann haw haw rev stat idaho idaho code rev ch ind ind code supp iowa iowa code stat ann supp rev stat la la rev stat ann west rev stat tit supp md md ann code art mass mass laws comp laws stat miss miss code ann supp mo mo rev stat supp mont mont code ann neb neb rev stat rev stat rev stat ann stat ann west supp stat ann penal law mckinney stat cent code ohio ohio rev code ann okla tit supp rev stat cons stat laws supp code supp codified laws code ann tex tex penal code ann utah utah code ann stat tit code rev code code stat wyo wyo stat appendix right participate legalized gambling without parental consent code alaska alaska stat ann rev stat ann supp ark ark code ann supp cal cal penal code ann west rev stat stat supp del del code tit code stat code ann haw haw rev stat idaho idaho code supp rev ch ind gambling permitted statute iowa iowa code stat ann age restrictions la la rev stat ann west rev stat tit md age restrictions mass mass laws comp laws ann supp age restrictions miss miss code ann mo mo rev stat mont mont code ann neb neb rev stat supp rev stat rev stat ann iii stat ann west supp age restrictions tax law mckinney age restrictions cent code supp ohio ohio rev code ann supp okla tit permitted parental consent rev stat stat tit purdon supp permitted parental consent laws supp gambling permitted statute codified laws supp code ann supp tex tex rev civ stat art vernon supp permitted parental consent utah gambling permitted statute stat tit age restrictions rev code code supp stat wyo wyo stat supp footnotes excessive bail shall required excessive fines imposed cruel unusual punishments inflicted oklahoma tit supp provides child means person eighteen years age except person sixteen seventeen years age charged murder kidnapping purposes extortion robbery dangerous weapon rape first degree use firearm offensive weapon committing felony arson first degree burglary explosives shooting intent kill manslaughter first degree nonconsensual sodomy two color photographs gruesome admitting evidence served purpose inflame jury understand experienced prosecutor risk reversal whole case introducing ghastly color photographs little probative value fail see possibly assist jury determination defendant guilt trial admission two photographs error eighth amendment jurisprudence must reflect evolving standards decency settled early century case weems held sentence years hard enchained labor plus deprivation various civil rights perpetual state surveillance constituted cruel unusual punishment bill rights philippines control premising opinion synonymity philippine cruel unusual punishments clauses wrote time works changes brings existence new conditions purposes therefore principle vital must capable wider application mischief gives birth cruel unusual punishments clause opinion learned commentators may therefore progressive fastened obsolete may acquire meaning public opinion becomes enlightened humane justice judges given stewardship constitutional provision whose core known whose outer reach contours face neverending task discerning meaning provision one case next little need judges certainly office philosophy judging boundaries every constitutional provision task judge generation discern framers values defined context world knew apply world know world changes unchanging values find application must never hesitate apply old values new circumstances important thing ultimate consideration constitutional freedom given keeping judge refuses see new threats established constitutional value hence provides crabbed interpretation robs provision full fair reasonable meaning fails judicial duty see woodson north carolina plurality opinion stewart powell stevens jj coker georgia plurality opinion white enmund florida legislative jury statistics important eighth amendment adjudication dissenting see furman georgia must look objective signs today society views particular punishment brennan concurring enmund florida capital punishment jurisprudence consistently recognized contemporary standards reflected actions legislatures juries provide important measure whether death penalty cruel unusual part rationale index constitutional value lies language construed clause whether action unusual depends common usage upon frequency occurrence magnitude acceptance focus acceptability regularity death penalty imposition certain kinds cases whether imposing sanction cases comports contemporary standards decency reflected legislative enactments jury sentences connected insistence statutes permitting imposition channel sentencing process toward nonarbitrary results statutory scheme fails guide jury discretion meaningful way pattern legislative enactments jury sentences revealing lack interest part public sentencing certain people death indicate contemporary morality really ready permit regular imposition harshest sanctions cases thus explaining conclusion death penalty may imposed crime raping adult woman justice white stated constitution contemplates end judgment brought bear question acceptability death penalty eighth amendment coker georgia see also new jersey powell concurring burger kemp powell dissenting okla art okla tit okla art okla tit okla tit okla tit supp additionally minors may patronize bingo parlors pool halls unless accompanied adult okla tit pawn property okla tit consent services health professionals medical care unless married otherwise emancipated okla tit supp operate work shooting gallery okla tit may disaffirm contract except necessaries okla tit see supra cf craig boren henceforth opinion refer district columbia sake simplicity see appendices infra see appendix infra see appendix infra see appendix infra see appendix infra davis rights juveniles juvenile justice system appendix thus every state adopted rebuttable presumption person mature responsible enough punished adult matter minor offense may post dissenting opinion law must often adjust manner affords rights whose status renders unable exercise choice freely rationally children insane irreversibly ill loss brain function instance retain rights sure often rights meaningful exercised agents acting best interests principals mind see garvey freedom choice constitutional law harv rev way paternalism bears beneficent face paternalism sense caring nurturing parent making decisions behalf child quite ready take fully rational considered task shaping life assemblage statutes text oklahoma reflects basic assumption society makes children class assume yet act adults thus act interest restricting certain choices feel yet ready make full benefit costs benefits attending decisions ironic assumptions readily make children class inherent difference adults capacity agents choosers shapers lives suddenly unavailable determining whether cruel unusual treat children adults purposes inflicting capital punishment thus informing judgment today virtue consistency assumptions make children legislate behalf tells us likely cruel certainly unusual impose child punishment takes predicate existence fully rational choosing agent may deterred harshest sanctions toward society may legitimately take retributive stance observed children definition assumed capacity take care assumed subject control parents parental control falters state must play part parens patriae schall martin see also may anderson frankfurter concurring children special place life law reflect legal theories lead fallacious reasoning uncritically transferred determination state duty towards children ginsberg new york stewart concurring result least precisely delineated areas child possessed full capacity individual choice presupposition first amendment guarantees upon premise state may deprive children rights right marry example right vote deprivations constitutionally intolerable adults parham children even adolescence simply able make sound judgments concerning many decisions almost every state federal government set minimum age juveniles accused committing serious crimes waived juvenile criminal see davis supra supp iv dissent focus presence waiver ages jurisdictions retain death penalty expressly set minimum age death sentence see post distorts truly issue case consider following example michigan oregon virginia determined may waived juvenile criminal charged murder see comp laws rev stat code however michigan may executed state abolished death penalty oregon may executed state expressly set minimum age executions virginia may executed state death penalty expressly addressed issue minimum age execution three set waiver floor murder tells us consider old enough tried criminal serious crimes old dealt effectively juvenile tells us nothing judgment made regarding appropriate punishment youthful offenders matter fact many union waiver ages including many either abolished death penalty set express minimum age death penalty higher see davis supra sum believe appropriate measures determining view issue minimum age death penalty discussed text infra alaska territory alaska session laws ch act abolishing death penalty commission crime see alaska stat ann authorized sentences include death penalty sentences imprisonment felonies include death penalty district columbia lee app death penalty unconstitutional light furman georgia see code penalty murder include death hawaii territory hawaii regular session laws act act relating abolishment capital punishment see hawaii rev supp sentence offense murder include death penalty iowa iowa acts ch death penalty abolished see iowa code penalties class felonies include death kansas state randol death penalty unconstitutional furman georgia supra death penalty still books stat ann see murder class felony sentence class felony include death penalty maine maine acts ch act abolish death penalty see rev stat tit supp authorized sentences murder include death penalty massachusetts commonwealth mass death penalty statute violates state constitution death penalty law still books mass laws michigan art law shall enacted providing penalty death see comp laws supp death penalty provided murder minnesota laws ch providing life imprisonment death sentence see stat sentences available include death penalty sentence murder life imprisonment new york people smith mandatory death penalty murder serving sentence life imprisonment unconstitutional woodson north carolina thus invalidating remainder new york death penalty statute death penalty still books penal law mckinney providing death penalty murder north dakota cent code ch death sentence execution thereof repealed laws ch effective july rhode island state cline mandatory death penalty prisoner unconstitutional woodson north carolina supra see laws supp penalties murder include death west virginia code capital punishment abolished wisconsin laws ch act provide punishment murder first degree abolish penalty death see stat murder class felony penalty felonies life imprisonment alabama see code supp arizona see rev stat ann supp arkansas see ark code ann supp delaware see del code tit florida see stat idaho see idaho code louisiana see la rev stat ann west la code crim proc art et seq west supp mississippi see miss code ann supp missouri see mo rev stat montana see mont code ann oklahoma see okla tit supp pennsylvania see cons tit tit supp south carolina see code supp south dakota see codified laws utah see utah code ann supp vermont see stat tit supp virginia see code supp washington see rev code wyoming see wyo stat reported black child hanged louisiana cherokee indian child age hanged arkansas see streib death penalty children american experience capital punishment crimes committed age eighteen rev see tr oral arg respondent suggests minimum age post dissent agrees line exists post concurrence similarly agrees one might argue course petitioner execution theoretically imposed see post dissenting opinion execution permissible age blackstone time ibid argument though first acknowledge execution impermissible additionally retain death penalty without setting minimum age simply sentence people death anymore neither south dakota vermont imposed death sentence since landmark decision furman georgia see greenberg capital punishment system yale naacp legal defense educational fund death row vermont frequently counted state without death penalty since capital punishment scheme fails guide jury discretion see stat tit amended since decision furman georgia supra holding similar statutes unconstitutional south dakota statute provide jury consideration aggravating mitigating factors see codified laws ch thus one shift focus expressly dealt issue minimum age toward general comparison whose statutes facially permit petitioner execution one acknowledge ratio even theoretically possible thompson execution occur california cal penal code ann west age colorado rev stat age connecticut stat age georgia code ann age illinois rev ch age indiana ind code supp age kentucky rev stat age maryland md ann code art age nebraska neb rev stat age nevada rev stat age new hampshire rev stat ann xiii supp prohibiting execution one minor time crime indicates age age majority provides one age shall held culpable capital offense new jersey stat ann west supp age new mexico stat ann age north carolina stat supp age except death penalty still valid anyone commits murder serving prison sentence prior murder escape sentence ohio ohio rev code ann age oregon rev stat age tennessee code ann supp age texas tex penal code ann supp age addition senate recently passed bill authorizing death penalty certain killings caveat sentence death shall carried upon person years age time crime committed sess cong rec previously recognized relevance views international community determining whether punishment cruel unusual see trop dulles coker georgia enmund florida resolved american bar association opposes principle imposition capital punishment upon person offense committed age eighteen american bar association summary action taken house delegates annual meeting ivilized societies tolerate spectacle execution children american law institute model penal code commentary official draft revised comments information regarding foreign death penalty laws drawn app brief amnesty international amicus curiae death penalty various countries prepared members staff law library library congress january available clerk case file see also children young persons act geo ch amended murder abolition death penalty act abolishing death penalty juvenile offenders kingdom reprinted halsbury statutes ed crimes act reprinted statutes new zealand addition three major human rights treaties explicitly prohibit juvenile death penalties article international covenant civil political rights annex res gaor res supp doc signed ratified reprinted international legal material article american convention human rights official records doc rev corr signed ratified reprinted international legal material article geneva convention relative protection civilian persons time war august ratified see furman georgia rarity sentence leads inference arbitrary imposition douglas concurring eighth amendment prevents arbitrary death sentences rarity death sentences results inference arbitrariness brennan concurring brennan concurring rarity imposition indicates arbitrariness penalty negligible returns state patently excessive therefore violate eighth amendment white concurring white concurring see also enmund florida juries sentence defendants death neither killed intended kill streib death penalty juveniles compiling information regarding executions country crimes committed age uncertainty two persons executed may either time crime professor streib reports last execution person crime committed age january louisiana executed irvin mattio time crime see dept justice uniform crime reports crime dept justice bureau justice statistics bulletin capital punishment capital punishment capital punishment streib supra example one might observe people arrested willful criminal homicide age received death sentence arrested willful criminal homicide received death penalty task interpreting great sweeping clauses constitution ultimately falls us time accepted principle american jurisprudence see marbury madison cranch emphatically province duty judicial department say law eighth amendment whose broad vague terms yield mechanical parsing method different see furman georgia brennan concurring coker georgia abiding conviction death penalty excessive penalty rape conception criminal responsibility juvenile operates also provides supporting rationale role crime prevention basic philosophy concerning criminal responsibility absent case misbehaving children mean say child criminal responsibility one thing seem clearly implied absence basis adult criminal accountability exercise unfettered free fox juvenile context problems opportunities publication president commission law enforcement administration justice report professional evaluation juveniles condemned death accepted presentation american academy child adolescent psychiatry concluded adolescence well recognized time great physiological psychological stress data indicate beyond maturational stresses homicidal adolescents must cope brain dysfunction cognitive limitations severe psychopathology moreover must function families merely nonsupportive also violent brutally abusive findings raise questions american tradition considering adolescents responsible adults offenses sentencing death lewis pincus bard richardson prichep feldman yeager neuropsychiatric pyschoeducational family characteristics juveniles condemned death see supra see also erikson childhood society search new sense continuity sameness adolescents refight many battles earlier years even though must artificially appoint perfectly people play roles adversaries erikson identity youth crisis discussing adolescence period identity confusion youths preoccupied appear eyes others compared feel gordon tattered cloak immortality adolescence death corr mcneil eds body safety common adolescent years though sky diving car racing excessive use drugs alcoholic beverages similar activities may directly perceived kind flirting death fact many ways counterphobic behavior challenge death wherein survival risk victory death kastenbaum time death adolescence meaning death feifel ed adolescent lives intense present real past future seem pallid comparison everything important valuable life lies either immediate life situation rather close future kohlberg development children orientations toward moral order vita humana studies reveal large groups moral concepts ways thought attain meaning successively advanced ages require extensive background social experience cognitive growth represented age factor miller adolescent suicide etiology treatment adolescent psychiatry feinstein looney schwartzberg sorosky eds many adolescents possess profound conviction omnipotence immortality thus many adolescents may appear attempting suicide really believe death occur streib supra difference separates children adults purposes law children immature undeveloped ability reason manner invalidated death sentences significant justification absent see enmund florida death penalty one neither kills intends kill measurably contribute retributive end ensuring criminal gets deserts ford wainwright unconstitutional execute someone insane large part retributive value low although held legislature may base capital punishment scheme goal deterrence members expressed doubts whether fear death actually deters crimes certain instances see lockett ohio deterrence argument unavailable one neither kills intends kill doubtful prospect death penalty deter individuals becoming involved ventures death may unintentionally result white concurring judgment spaziano florida invalidation mandatory death penalty laws additional procedural requirements death penalty laws jury discretion must carefully guided deterrence rationale rather weak support capital punishment stevens dissenting enmund florida unlikely prospect death penalty deter one neither kills intends kill white furman georgia unverifiable death penalty deters effectively life imprisonment brennan concurring nn deterrence rationale unsupported evidence marshall concurring see department justice uniform crime reports supra see also gregg georgia sanction imposed totally without penological justification results gratuitous infliction suffering joint opinion stewart powell stevens given disposition principal issue unnecessary resolve second question presented namely whether photographic evidence state deems erroneously admitted harmless guilt phase nevertheless violates capital defendant constitutional rights virtue considered penalty phase appendices assembled assistance brief national legal aid defender association national association criminal defense lawyers american jewish committee amici curiae justice concurring judgment plurality dissent agree two fundamental propositions age juvenile crimes never constitutionally punished death precedents require us locate age light evolving standards decency mark progress maturing society see ante quoting trop dulles opinion warren ante post see also mccleskey kemp accept principles disagreements plurality dissent rest different evaluations evidence available us relevant social consensus although believe national consensus forbidding execution person crime committed age likely exist reluctant adopt conclusion matter constitutional law without better evidence possess conclude sentence case set aside narrower grounds adopted plurality grounds rest allow us face general question better evidence available concur judgment plurality dissent look initially decisions american legislatures signs national consensus minimum age juvenile crimes may lead capital punishment although agree dissent contention post decisions provide reliable signs consensus issue agree dissent interpretation evidence salient statistic bears case every single american legislature expressly set minimum age capital punishment set age see ante one adds rejected capital punishment completely see ante appears almost state legislatures definitely concluded exposed threat execution see also ante pointing additional two death penalty statutes books seem abandoned capital punishment practice large majority state legislatures unambiguously outlawed capital punishment legislature country affirmatively unequivocally endorsed practice strong counterevidence required persuade national consensus practice exist dissent argues found counterevidence laws authorize capital punishment without setting statutory minimum age sure state legislatures deliberately chosen authorize capital punishment crimes committed age one hardly suppose settled national consensus opposing practice fact however statistics relied dissent may quite misleading legislature provides processed adult criminal justice system capital punishment available adults jurisdiction death penalty becomes least theoretically applicable defendants petitioner rendered death eligible possibility appears exist see post ante plurality points however necessarily follow legislatures jurisdictions deliberately concluded appropriate impose capital punishment even younger defendants may tried adults jurisdictions see ante many reasons nothing whatsoever capital punishment might motivate legislature provide general matter channeled adult criminal justice process length conditions confinement available juvenile system example might considered inappropriate serious crimes recidivists similarly state legislature might conclude dangerous individuals whatever age confined facility vulnerable juvenile offenders reasons suggest nothing appropriateness capital punishment absence implication illustrated dissent cites evidence trend toward lowering age juveniles may punished adults see post new york recently adopted legislation allowing juveniles young tried adults authorize capital punishment circumstances new jersey permits tried adults minimum age capital punishment cases therefore decisions lower age juveniles may treated adults must based reasons quite separate legislatures views minimum age crime render juvenile eligible death penalty shown evidence legislatures directly considered fact interaction capital punishment statutes juvenile offender statutes theory lead executions crimes committed age real possibility result considered illustrated recent federal legislation cited dissent lowers age defendant may tried adult see post discussing comprehensive crime control act pub stat number federal statutes long provided capital punishment see post legislation appears imply may rendered death eligible federal law dissent point legislative history suggesting congress considered implication enacted comprehensive crime control act apparent absence legislative history especially striking light fact agreed treaty set minimum age capital punishment certain circumstances see article geneva convention relative protection civilian persons time war august rules pertaining military occupation ante see also ibid citing two international agreements signed ratified prohibiting capital punishment juveniles perhaps even striking fact senate recently passed bill authorizing capital punishment certain drug offenses prohibiting application penalty persons age time crime cong rec whatever implications ratification article geneva convention may whatever effects senate recent action may eventually tend undercut assumption comprehensive crime control act signals decision congress authorize death penalty felons thus indication legislative body country rendered considered judgment approving imposition capital punishment juveniles age time offense nonetheless true although think dissent overstated significance federal government adopted statutes appear legal effect rendering juveniles death eligible fact real obstacle way concluding national consensus forbids practice appropriate therefore examine evidence might indicate whether statutes inconsistent settled notions decency society previous cases examined execution statistics well data jury determinations effort discern whether application capital punishment certain classes defendants aberrational considered unacceptable society see coker georgia plurality opinion enmund florida dissenting case plurality emphasizes four decades gone since last execution defendant younger time offense death sentences recent period involved defendants ante like statistics behavior legislatures execution sentencing statistics support inference national consensus opposing death penalty dispositive variety factors little nothing individual blameworthiness may cause groups population commit capital crimes much lower rate groups statistics relied plurality moreover indicate many juries asked impose death penalty crimes committed age many times prosecutors exercised discretion refrain seeking death penalty cases statutory prerequisites might proved without data raw execution sentencing statistics allow us reliably infer juries significantly reluctant impose death penalty similarly situated older defendants finally believe case resolved kind disproportionality analysis employed part plurality opinion agree proportionality requires nexus punishment imposed defendant blameworthiness enmund supra dissenting see also tison arizona granting plurality premise adolescents generally less blameworthy adults commit similar crimes necessarily follow incapable moral culpability justify imposition capital punishment plurality educed evidence demonstrating class inherently incapable deterred major crimes prospect death penalty legislatures recognize relative immaturity adolescents often permitted define classes take account qualitative difference juveniles adults see hazelwood school district kuhlmeier schall martin mckeiver pennsylvania ginsberg new york compare planned parenthood central missouri danforth unconstitutional legislature presume minors incapable providing informed consent abortion bellotti baird stevens joined brennan marshall blackmun concurring judgment akron akron center reproductive health dissenting parental notification requirements may constitutional special qualitative characteristics juveniles justify legislatures treating differently adults many purposes also relevant eighth amendment proportionality analysis characteristics however vary widely among different individuals age substitute inevitably subjective judgment best age draw line capital punishment context judgments nation legislatures cf enmund supra dissenting history death penalty instructs danger inferring settled societal consensus statistics like relied case michigan became first state abolish death penalty crimes except treason rhode island soon thereafter became first jurisdiction abolish capital punishment completely zimring hawkins capital punishment american agenda succeeding decades american continued trend towards abolition especially years world war later particularly world war ii ensued steady dramatic decline executions absolute terms relation number homicides occurring country bowers legal homicide abolished radically restricted capital punishment executions ceased completely several years beginning bedau death penalty america ed heard arguments constitutionality death penalty statistics might suggested practice become relic implicitly rejected new societal consensus indeed counsel urged conclude number cases death penalty imposed compared number cases statutorily available reflects general revulsion toward penalty lead repeal generally widely enforced furman georgia burger dissenting 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 step plurality take today much narrower scope conceivably reflect error similar one urged make furman day may come must decide whether legislature may deliberately unequivocally resolve upon policy authorizing capital punishment crimes committed age event shall decide eighth amendment issue divides plurality dissent case shall evaluate evidence societal standards decency available us time view however need decide question today ii eighth amendment death penalty treated differently punishments see california ramos among important consistent themes death penalty jurisprudence need special care deliberation decisions may lead imposition sanction accordingly imposed series unique substantive procedural restrictions designed ensure capital punishment imposed without serious calm reflection precede decision gravity finality restrictions required eighth amendment affect legislatures sentencing authorities responsible decisions individual cases neither automatic death sentences certain crimes example statutes committing sentencing decision unguided discretion judges juries upheld see woodson north carolina roberts louisiana gregg georgia opinion stewart powell stevens jj discussing furman georgia supra rejected legislative restrictions mitigating evidence sentencing authority may consider lockett ohio eddings oklahoma lack sufficiently precise restrictions aggravating circumstances may considered godfrey georgia practical matter virtually required death penalty imposed guilty verdict followed separate sentencing proceedings extended many procedural restrictions applicable criminal trials proceedings see gardner florida estelle smith bullington missouri legislatures forbidden authorize capital punishment certain crimes coker georgia enmund florida see also ford wainwright eighth amendment forbids execution insane prisoners constitutional scrutiny area searching review noncapital sentences see enmund florida supra dissenting rummel estelle case us today raises concerns led us erect barriers imposition capital punishment contexts oklahoma enacted statute authorizes capital punishment murder without setting minimum age commission murder may lead imposition penalty state also quite separately provided murder defendants may treated adults circumstances proceeded manner considerable risk oklahoma legislature either realize actions effect rendering defendants death eligible give question serious consideration reflected explicit choice minimum age death eligibility clear national consensus forbids imposition capital punishment crimes committed age implicit nature oklahoma legislature decision constitutionally problematic peculiar circumstances face today however oklahoma statutes presented result dubious constitutionality done without earmarks careful consideration required kinds decisions leading death penalty unique situation prepared conclude petitioner others age time offense may executed authority capital punishment statute specifies minimum age commission capital crime lead offender execution conclusion reached unusual case unusual believe however keeping principles guided us eighth amendment cases also supported familiar principle applied different ways different contexts according avoid unnecessary unnecessarily broad constitutional adjudication see generally ashwander tva brandeis concurring narrow conclusion reached case consistent underlying rationale principle articulated many years ago justice jackson final infallible infallible final brown allen opinion concurring result see also califano yamasaki leaving open broader eighth amendment question plurality dissent resolve approach take allows ultimate moral issue stake constitutional question addressed first instance best suited people elected representatives reasons stated opinion agree petitioner death sentence vacated therefore concur judgment contrary dissent suggestion conclusion reached case imply reach similar conclusion cases involving extremely low intelligence number appealing groups existence national consensus regarding capital punishment may doubt specifically named capital statutes see post case significant affirmative evidence national consensus forbidding execution defendants age time offense evidence includes state statutes setting minimum age evidence mere failure oklahoma specify minimum age appealing nature group petitioner belongs leaves unwilling conclude petitioner may constitutionally executed cases similarly persuasive evidence lacking view analogous case us today dissent mistaken reads discussion contrary implication suggests ulterior reasons behind implication incorrectly drawn justice scalia chief justice justice white join dissenting issue us today whether automatic death penalty conviction certain crimes extended individuals younger commit crimes thereby preventing individualized consideration maturity moral responsibility accept plurality conclusion practice opposed national consensus sufficiently uniform sufficiently long standing render cruel unusual punishment within meaning eighth amendment already decided much lockett ohio might even agree plurality conclusion question whether person commits crime deprived benefit rebuttable presumption mature responsible enough punished adult question posed however radically different whether national consensus criminal much one day individuated consideration circumstances including overcoming presumption tried adult possibly deemed mature responsible enough punished death crime seems plausible basis answering last question affirmative respectfully dissent begin restating facts since think fuller account william wayne thompson participation murder certification stand trial adult helpful understanding case evidence trial left doubt night january thompson brutally premeditation murdered former charles keene motive evidently least part keene physical abuse thompson sister thompson left mother house evening company three older friends explained girlfriend going kill charles several hours later early morning january neighbor malcolm possum brown awakened sound gunshot front porch someone pounded front door shouting possum open door let going kill brown telephoned police opened front door see man knees attempting repel blows arms hands four men porch one holding gun stood apart three hitting kicking kneeling man never attempted hit back one beating victim object inches length police called back see disturbance still going brown spoke telephone men took victim away car several hours left thompson mother house thompson three companions returned thompson girlfriend helped take boots heard say killed shot head cut throat threw river subsequently former wife one thompson accomplices heard thompson tell mother killed charles dead vicki worry anymore days following murder thompson made admissions one witness testified asked thompson source hair adhering pair boots carrying replied kicked charles keene head thompson also told cut charles throat chest shot head another witness testified told thompson friend seen keene dancing local bar thompson remarked hard bullet head ultimately one thompson codefendants admitted keene shot twice head thompson cut keene fish eat body thompson codefendant thrown body washita river chain blocks attached found february body recovered chief medical examiner oklahoma concluded victim beaten shot twice throat chest abdomen cut february state oklahoma filed information arrest warrant thompson february state began proceedings allow thompson tried adult oklahoma law anyone commits crime age defined child unless committed murder certain specified crimes case automatically certified stand trial adult okla tit supp addition statute state invoked present case juveniles may certified stand trial adults state establish prosecutive merit case certifies considering six factors reasonable prospects rehabilitation child within juvenile system okla tit hearing march district found probable cause believe defendant committed murder thus concluded case prosecutive merit second hearing therefore held april determine whether thompson amenable juvenile system whether certified stand trial adult clinical psychologist examined thompson testified second hearing opinion thompson understood difference right wrong antisocial personality modified juvenile justice system psychologist testified thompson believed age beyond severe penalty law accordingly believe severe repercussions behavior numerous witnesses testified thompson prior abusive behavior mary robinson employee oklahoma juvenile justice system testified contacts thompson several previous arrests included arrests assault battery august assault battery october attempted burglary may assault battery knife july assault deadly weapon february testified thompson provided counseling state department human services available none counseling placements seemed improve behavior recommended certified stand trial adult basis foregoing testimony district filed written order certifying thompson stand trial adult appealed ultimately affirmed oklahoma criminal appeals thompson tried district grady county december december guilt phase trial prosecutor introduced three color photographs showing condition victim body removed river jury found thompson guilty murder sentencing phase trial jury agreed prosecution existence one aggravating circumstance murder especially heinous atrocious cruel required decision eddings oklahoma defense permitted argue jury youthfulness defendant mitigating factor jury recommended death penalty imposed trial judge accordingly sentenced thompson death thompson appealed conviction capital sentence affirmed standing earlier decision eddings state rev grounds oklahoma criminal appeals held minor certified stand trial adult may also without violating constitution punished adult also held admission two three photographs error guilt phase proceeding prejudicial effect outweighed probative value found error harmless light overwhelming evidence thompson guilt held prejudicial effect outweigh probative value sentencing phase therefore properly admitted since demonstrated brutality crime thompson petitioned certiorari respect sentencing issues granted review ii foregoing history case demonstrates william wayne thompson juvenile caught legislative scheme unthinkingly lumped together adults purposes determining death appropriate penalty crime contrary oklahoma first gave careful consideration whether light young age subjected normal criminal system question answered affirmatively jury considered whether despite young age maturity moral responsibility sufficiently developed justify sentence death upsetting particularized judgment basis constitutional absolute plurality pronounces fundamental principle society one little one day short birthday sufficient maturity moral responsibility subjected capital punishment crime sociological moral conclusion implausible doubly implausible interpretation constitution text eighth amendment made applicable fourteenth prohibits imposition cruel unusual punishments plurality attempt maintain originally understood prohibit capital punishment crimes committed persons age evidence unusually clear unequivocal age juveniles subjected capital punishment explicitly addressed blackstone commentaries laws england published widely accepted time eighth amendment adopted accurate description common law according blackstone age capital punishment theoretically imposed even age rebuttable presumption incapacity commit capital felony blackstone commentaries see also hale pleas crown describing age absolute incapacity age presumptive incapacity kean history criminal liability children rev streib death penalty children american experience capital punishment crimes committed age eighteen rev hereinafter streib death penalty children historical practice country conformed understanding categorically immune commission capital crimes one scholar documented executions crimes committed age see streib death penalty children necessarily therefore plurality seeks rest holding conclusion thompson punishment adult contrary evolving standards decency mark progress maturing society trop dulles plurality opinion warren ante course risk assessing evolving standards easy believe evolution culminated one views avoid danger making assessment prior cases looked objective signs today society views particular punishment furman georgia brennan concurring see also woodson north carolina plurality opinion stewart powell stevens jj coker georgia enmund florida reliable objective signs consist legislation society enacted rarely ever case members better sense evolution views american people elected representatives thus significant four years ago comprehensive crime control act pub stat congress expressly addressed effect youth upon imposition criminal punishment changed law precisely opposite direction plurality perceived evolution social attitudes suggest lowered age juvenile case interest justice transferred juvenile federal district enabling tried punished adult supp iv legislation passed light justice department testimony many juvenile delinquents cynical repeat offenders indistinguishable except age adult criminal counterparts hearings subcommittee criminal law senate committee judiciary alone juveniles age almost year younger thompson committed total homicides nationwide forcible rapes robberies aggravated assaults since federal death penalty statutes determined unconstitutional adoption new legislation least theoretically result imposition death penalty upon sure reason believe members congress death penalty specifically mind alter reality federal law face permits moreover appropriate go behind face statutes subjective intentions enacted strange find consensus regarding criminal liability juveniles moving direction plurality perceives capital punishment moving precisely opposite direction penalties turning legislation state level one observes trend lowering rather raising age juvenile criminal liability state status quo respect death penalty particular plurality chooses confine attention fact establish minimum age capital punishment chosen least ante beyond accurate analysis include within computation larger number determined minimum age capital punishment appropriate leaving governed general rules age juveniles criminally responsible survey state laws shows words majority issue exists rest capital punishment view death different insofar age juvenile criminal responsibility concerned latter age presumed see ante virtually less individuated consideration particular case warrants thus oklahoma done precisely majority federal government almost including majority include capital punishment permissible sanction allow imposition death penalty juvenile tried adult category include juveniles time offense obviously impossible plurality rely upon evolved societal consensus discernible legislation least discernible legislation society assuredly relevant thus plurality falls back upon promises examination behavior juries ante turns perhaps inconvenient fact fewer five murderers committed crimes age sentenced death five different years streib death penalty juveniles instead plurality examines statistics capital executions course substantially lower capital sentences various factors notably exercise executive clemency see streib death penalty children statistics show unsurprisingly capital punishment persons committed crimes age rare discussing whether constitution requires procedures continue cause rare whether constitution prohibits entirely plurality takes persuasive evidence social attitudes changed embrace prohibition changed clearly permanently irrevocably enshrined constitution century executions persons committed crimes occurred even assuming execution rather sentencing statistics pertinent data assuming trend adequate justify calling constitutional halt may well pendulum swing social attitudes statistics frail support existence relevant trend many reasons adequately account drop executions premise general agreement murderer ever executed foremost among course reduction public support capital punishment general including district columbia currently death penalty statute acquired status since streib death penalty juveniles table reduction willingness impose capital punishment may reasonably presumed felt even entirely abolish combined modern trend constitutionalized lockett ohio towards individualized sentencing determinations rather automatic death sentences certain crimes reduced total number executions nationwide average per decade first half century per decade since see streib death penalty juveniles table society less ready impose death penalty entirely unwilling impose without individualized consideration course pronounce death crime committed person rarely absolutely basis however attributing phenomenon modern consensus execution never occur accurate discern consensus despite level total executions almost five times higher period execution crime committed juveniles age almost years reflect new societal absolute demonstrated fact approximately next years executions sum statistics executions demonstrate nothing except fact society always agreed executions criminals rare modern times agreed like executions even rarer still rational basis discerning societal judgment one much day ever mature morally responsible enough deserve penalty justification except predeliction converting statistical rarity occurrence absolute constitutional ban one must surely fear taken first step requiring individualized consideration capital cases today decision begins second stage converting constitutional rules general results individuation one readily run statistical argument respect classes defendants example women executed three executed none period proportionately drop impressive plurality points executions years next years versus years potentially present defendant next years surely conclusion unconstitutional impose capital punishment upon woman one believes data plurality relies upon effective establish requisite degree certainty constitutional consensus society person ever executed crime committed age difficult see judgment extend crimes committed age frequency executions shows almost equivalent drop recent years enacted age limits upon capital punishment selected age age rest age ante seems plain words clear line suggests plurality inappropriately acting legislative rather judicial capacity doubtless age line exist always existed common law see supra juvenile never considered fully responsible murder evidence views society steadfast uniform become part laws live regard absolute age nonexistent avoided attempt justify holding basis original understanding cruel unusual punishment utterly failed justifying holding basis evolving standards decency evidenced work product state legislatures sentencing juries ante plurality proceeds part opinion set forth views regarding desirability ever imposing capital punishment murder committed discussion begins recitation propositions upon broad agreement within society namely punishment directly related personal culpability criminal defendant adolescents class less mature responsible adults ante soon proceeds however conclusion iven lesser culpability juvenile offender teenager capacity growth society fiduciary obligations children none rationales death penalty apply execution criminal nothing purposeless needless imposition pain suffering ante quoting coker georgia seen assuredly general agreement nonetheless plurality make one fundamental laws governing society solely abiding conviction ante quoting coker georgia supra accord proposition set beginning plurality discussion part lthough judgments legislatures juries prosecutors weigh heavily balance us ultimately judge whether eighth amendment permits imposition death penalty ante quoting enmund florida reject proposition sense intended assuredly us ultimately judge eighth amendment permits means us judge whether certain punishments forbidden despite current society thinks forbidden original understanding cruel unusual cf brown board education come within current understanding cruel unusual evolving standards decency national society accord perceptions decency penology mercy entertained strongly entertained even held abiding conviction majority small unrepresentative segment society sits face phrase cruel unusual punishments limits evolving standards appropriate consideration entertained society rather dictated personal consciences think views policy questions discussed part plurality opinion irrelevant make attempt refute suffices say another point view suggested following passage written esteemed former colleague justice powell whose views plurality several times invokes support ante minors become embroiled law range young brink majority older minors become fully hardened criminals deserving greater consideration properly accorded persons suspected crime fare michael dissenting opinion iii understand justice separate concurrence correctly agrees constitutional authority set aside death penalty unless find contrary firm national consensus persons younger time crime executed make finding however reach seemingly inevitable conclusion therefore constitutional authority set aside death penalty rather proceeds part ii state since treated death penalty differently punishments ante imposing special procedural substantive protections required contexts although actually find national consensus forbidding execution crimes committed may perhaps consensus therefore oklahoma statutes plainly authorizing present execution treating felons individuated findings adults authorizing execution adults adequate needed statute explicitly stating guilty capital crimes first course agree doubt nonexistence national consensus concurrence produces doubt arbitrarily refusing believe laws federal government clearly provide represents considered judgment ante second see follows problem doubt whether oklahoma laws permit contrary firm national consensus therefore unconstitutional solved making absolutely sure citizens oklahoma really want take unconstitutional action finally see procedural substantive protections referred provide precedent done special protections capital cases prohibition unguided discretion gregg georgia joint opinion stewart powell stevens jj prohibition automatic death sentences certain crimes woodson north carolina plurality opinion stewart powell stevens jj drawn hat thought national consensus required unaware national consensus concurrence suggest existence death penalty felons imposed single statute explicitly addresses subject thus part concurrence argument conclusion replaced almost anything basis imposing particular procedural protection announces imposing requirement death penalty felons adopted vote house state legislature referendum bills printed type also left doubt whether new requirement lifted since supposed rationale disappear enough complied render nonexistence national consensus executions longer doubtful enough done demonstrate national consensus favor executions never possibly concurrence concern death sentence fluke punishment really contemplated oklahoma law produced accidental result interlocking statutes governing capital punishment age treating juveniles adults statutes consequences quite clear present case moreover prominence received extensive coverage oklahoma press nationally even necessary oklahoma legislature act order remedy miscarriage intent sentence governor oklahoma certainly recognize frustration citizens oklahoma readily certainly used pardon power mistake concurrence proposes obviously designed nullify rather effectuate people oklahoma even though concurrence find unconstitutional concurrence proposes also designed course make difficult enact legislation resulting capital punishment murderers committed crimes difficult pass law saying explicitly executed difficult pass law saying explicitly blind people executed grandmothers executed mothers executed know authority whatever specifying precise form state legislation must take opposed constitutionally required content past studiously avoided sort interference legislative processes heart sovereignty placing restraints upon manner make laws order give criminals special protection capital punishment may well good idea perhaps abolition capital punishment entirely however idea impose thus concurrence purports adopting approach respectful rights plurality principle seems much disdainful says jurisdictions laws like oklahoma really say contrary national consensus therefore unconstitutional since entirely sure must future legislate manner say view concurrence also fulfill promise arriving narrow conclusion plurality avoiding unnecessarily broad constitutional holding ante contrary think hoists deck eighth amendment jurisprudence loose cannon brand new principle concurrence view adopted henceforth finding national consensus longer required invalidate state action area capital punishment needed uncertainty regarding existence national consensus whereupon various protective requirements imposed even point specifying process legislation must explicitly named capital statutes extremely low intelligence number appealing groups existence national consensus regarding capital punishment may doubt reason concurrence finds doubt specifically named capital statutes moreover motto death different longer mean firm view society demands treated differently certain identifiable respects rather attach whatever limitations seem appropriate reject approach prefer even misdescription constitutes national consensus favored plurality concurrence approach solomonic solution problem prevent execution present case time holding execution commit murder categorically unconstitutional solomon however subject constitutional constraints judicial department national government federal democratic system iv since find thompson age inadequate grounds vacating sentence must reach question whether constitution violated permitting jury consider sentencing stage color photographs charles keene body thompson contends rendered sentencing proceeding unfair deny due process law photographs question showing gunshot wounds head chest knife slashes throat chest abdomen certainly probative aggravating circumstance crime especially heinous atrocious cruel issue therefore whether unduly inflammatory never held excessively inflammatory character concededly relevant evidence form basis constitutional attack decline case point inflammatoriness plainly exceeds evidentiary worth violate federal constitution reached balancing relevance prejudice generally state evidentiary issue sit review lisenba california foregoing reasons respectfully dissent judgment see peacetime espionage murder member armed forces ed supp iv destruction aircraft motor vehicles related facilities resulting death supp iv retaliatory murder member immediate family law enforcement officials cross reference ed supp iv murder member congress important executive official justice cross reference espionage supp iv destruction government property resulting death ed supp iv murder within federal jurisdiction mailing injurious articles intent kill resulting death assassination kidnaping resulting death president vice president cross reference willful wrecking train resulting death bank murder kidnaping treason app death resulting aircraft hijacking concurrence disputes significance congress lowering federal waiver age pointing recently approved senate bill set minimum age capital punishment imposed certain offenses bill however passed house representatives signed law president even eventually result setting minimum age federal death penalty statutes set forth supra simply reflect judgment congress death penalty inappropriate juvenile narcotics offenders minimal relevance question consensus issue whether criminal offenders executed crimes whether executed crimes reason significance concurrence observation federal government treaty agreed minimum death penalty age certain limited circumstances compare davis rights juveniles app davis rights juveniles idaho twice lowered waiver age recently idaho code supp illinois added excluded offenses murder criminal sexual assault armed robbery firearm possession deadly weapon school committed child older ann ch supp indiana lowered waiver age aggravating circumstances present made waiver mandatory child older charged murder ind code supp kentucky established waiver age juveniles charged capital offenses class felonies rev stat supp minnesota made waiver mandatory offenses committed children years older previously certified criminal prosecution convicted offense lesser included offense stat subd montana lowered waiver age children charged sexual intercourse without consent deliberate homicide mitigated deliberate homicide attempted deliberate homicide attempted mitigated deliberate homicide mont code ann new jersey lowered waiver age certain aggravated offenses stat ann west new york recently amended law allow certain tried punished adults crim proc law mckinney plurality reliance upon amnesty international account pronounces civilized standards decency countries ante totally inappropriate means establishing fundamental beliefs nation rule capital punishment felons determinative question us even position contradicts uniform view rest world must never forget constitution america expounding practices nations particularly democracies relevant determining whether practice uniform among people merely historical accident rather implicit concept ordered liberty occupies place merely mores text permitting constitution well see palko connecticut cardozo first settled consensus among people views nations however enlightened justices may think imposed upon americans constitution present case therefore fact majority foreign nations impose capital punishment upon persons time crime relevance fact majority impose capital punishment standards due process quite different leave discussion plurality reliance upon fact juveniles vote sit jury marry without parental consent participate organized gambling patronize pool halls pawn property purchase alcohol pornographic materials cigarettes ante nn cases sensibly suggest constitutional rules relating maturity minors must drawn eye decision maturity relevant see fare michael totality circumstances test juvenile waiver fifth amendment rights permits evaluation juvenile age experience education background intelligence whether capacity understand warnings given bellotti baird abortion decision differs important ways decisions may made minority surely constitutional state believe degree maturity necessary fully appreciate pros cons smoking cigarettes even marrying may somewhat greater degree necessary fully appreciate pros cons brutally killing human