stanford kentucky argued march decided june petitioner approximately years months old time committed murder kentucky juvenile conducting hearings transferred trial adult state statute permitting action offenders either charged class felony capital crime age charged felony petitioner convicted sentenced death state affirmed death sentence rejecting petitioner contention constitutional right treatment juvenile justice system declaring age possibility might rehabilitated mitigating factors properly left jury petitioner approximately years months old committed murder missouri certified trial adult state statute permitting action individuals years old committed felonies pleaded guilty sentenced death state affirmed rejecting contention sentence violated eighth amendment held judgments affirmed affirmed affirmed justice scalia delivered opinion respect parts ii iii concluding imposition capital punishment individual crime committed years age constitute cruel unusual punishment eighth amendment pp whether particular punishment violates eighth amendment depends whether constitutes one modes acts punishment considered cruel unusual time bill rights adopted ford wainwright contrary evolving standards decency mark progress maturing society trop dulles petitioners alleged sentences considered cruel unusual century support contention since time common law set rebuttable presumption incapacity commit felonies punishable death age accordance tradition least offenders executed country pp determining whether punishment violates evolving standards decency looks subjective conceptions rather conceptions modern american society reflected objective evidence coker georgia primary reliable evidence national consensus pattern federal state laws fails meet petitioners heavy burden proving settled consensus execution offenders permit capital punishment decline impose establish degree national agreement previously thought sufficient label punishment cruel unusual see tison arizona pp support petitioners argument demonstrable reluctance juries impose prosecutors seek capital sentences establishes societal consensus sentences inappropriate statistics showing far smaller number offenders sentenced death reflect part fact far smaller percentage capital crimes committed persons younger age group beyond likely considerations induce petitioners believe death never imposed young offenders cause prosecutors juries believe rarely imposed statistics proof categorical aversion pp justice scalia joined chief justice justice white justice kennedy concluded parts relevance state laws cited petitioners set legal age engaging various activities ranging driving drinking alcoholic beverages voting laws operate gross conduct individualized maturity tests driver drinker voter age appropriate vast majority cases must therefore selected realm capital punishment however individualized consideration constitutional requirement including kentucky missouri codified requirement laws specifically designating age mitigating factor capital sentencers must permitted consider moreover determinations required transfer statutes kentucky missouri certify juvenile trial adult ensure individualized consideration maturity moral responsibility even held stand trial adults particularized laws rather generalized driving drinking voting laws display society views age youthful offender held responsible pp indicia national consensus offered petitioners state federal statutes behavior prosecutors juries establish constitutional standards public opinion polls views interest groups positions professional associations uncertain foundation constitutional law also insufficient socioscientific ethicoscientific evidence tending show capital punishment fails deter less highly developed fear death fails exact retribution juveniles less mature responsible less morally blameworthy audience arguments citizenry although several cases engaged proportionality analysis examines whether disproportion punishment imposed defendant blameworthiness whether punishment makes measurable contribution acceptable goals punishment decisions never invalidated punishment basis alone done also objective evidence state laws jury determinations establishing societal consensus penalty pp justice although agreeing national consensus presently forbids imposition capital punishment murderers concluded constitutional obligation conduct proportionality analysis see penry lynaugh ante consider statutory classifications relevant analysis pp together wilkins missouri certiorari missouri frank heft argued cause petitioner briefs david niehaus daniel goyette nancy mckerrow argued cause filed briefs petitioner frederic cowan attorney general kentucky argued cause respondent brief elizabeth ann myerscough david smith assistant attorneys general john morris iii assistant attorney general missouri argued cause respondent brief william webster attorney fn briefs amici curiae urging reversal cases filed american baptist churches et al mark evan olive child welfare league america et al randy hertz martin guggenheim west virginia council churches paul stone brief amici curiae urging affirmance filed state kentucky et al frederic cowan attorney general kentucky elizabeth ann myerscough david smith assistant attorneys general siegelman attorney general alabama robert corbin attorney general arizona john steven clark attorney general arkansas john kelly chief state attorney connecticut robert butterworth attorney general florida linley pearson attorney general indiana michael moore attorney general mississippi michael greely attorney general montana brian mckay attorney general nevada robert henry attorney general oklahoma leroy zimmerman attorney general pennsylvania travis medlock attorney general south carolina roger tellinghuisen attorney general south dakota mary sue terry attorney general virginia joseph meyer attorney general wyoming briefs amici curiae filed cases american bar association robert raven andrew shookhoff american society adolescent psychiatry et al joseph mclaughlin jeremy epstein henry weisburg amnesty international paul hoffman joan howarth mary mcclymont david weissbrodt john osborn defense children anna mamalakis pappas international human rights law group robert kapp national legal aid defender association et al charles ogletree john blume susan apel michael mello filed brief office capital collateral representative state florida amicus curiae justice scalia announced judgment delivered opinion respect parts ii iii opinion respect parts chief justice justice white justice kennedy join two consolidated cases require us decide whether imposition capital punishment individual crime committed years age constitutes cruel unusual punishment eighth amendment first case involves shooting death barbel poore jefferson county kentucky petitioner kevin stanford committed murder january approximately years months age stanford accomplice repeatedly raped sodomized poore commission robbery gas station worked attendant drove secluded area near station stanford shot pointblank face back head proceeds robbery roughly cartons cigarettes two gallons fuel small amount cash corrections officer testified petitioner explained murder follows said shoot lived next door recognize guess tied something beat tell tells kill said started laughing stanford arrest kentucky juvenile conducted hearings determine whether transferred trial adult rev stat ann michie statute provided juvenile jurisdiction waived offender tried adult either charged class felony capital crime years age charged felony stressing seriousness petitioner offenses unsuccessful attempts juvenile system treat numerous instances past delinquency juvenile found certification trial adult best interest petitioner community stanford convicted murder sodomy robbery receiving stolen property sentenced death years prison kentucky affirmed death sentence rejecting stanford deman constitutional right treatment finding record clearly demonstrated program treatment appropriate appellant juvenile justice system held juvenile err certifying petitioner trial adult also stated petitioner age possibility might rehabilitated mitigating factors appropriately left consideration jury tried ibid second case us today involves stabbing death nancy allen mother two working behind sales counter convenience store david allen owned operated avondale missouri petitioner heath wilkins committed murder july approximately years months age record reflects wilkins plan rob store murder whoever behind counter dead person ca talk wilkins accomplice patrick stevens held allen wilkins stabbed causing fall floor stevens trouble operating cash register allen spoke assist leading wilkins stab three times chest two wounds penetrated victim heart allen began beg life wilkins stabbed four times neck opening carotid artery helping liquor cigarettes rolling papers approximately cash checks wilkins stevens left allen die floor roughly six months short age majority purposes criminal prosecution mo rev stat wilkins automatically tried adult missouri law happen juvenile required terminate juvenile jurisdiction certify wilkins trial adult permits individuals years age committed felonies tried adults relying viciousness force violence alleged crime petitioner maturity failure juvenile justice system rehabilitate previous delinquent acts juvenile made necessary certification wilkins charged murder armed criminal action carrying concealed weapon found competent petitioner entered guilty pleas charges punishment hearing held state petitioner urged imposition death sentence evidence hearing revealed petitioner juvenile facilities since age eight various acts burglary theft arson attempted kill mother putting insecticide tylenol capsules killed several animals neighborhood although psychiatric testimony indicated wilkins personality disorders witnesses agreed wilkins aware actions distinguish right wrong determining death penalty appropriate trial entered following order finds beyond reasonable doubt following aggravating circumstances exist murder first degree committed defendant engaged perpetration felony robbery murder first degree involved depravity mind result thereof outrageously wantonly vile horrible inhuman app granted certiorari cases decide whether eighth amendment precludes death penalty individuals commit crimes years age ii thrust wilkins stanford arguments imposition death penalty juveniles committed crimes falls within eighth amendment prohibition cruel unusual punishments wilkins us define juveniles individuals years age stanford draw line neither petitioner asserts sentence constitutes one modes acts punishment considered cruel unusual time bill rights adopted ford wainwright support contention time common law set rebuttable presumption incapacity commit felony age theoretically permitted capital punishment imposed anyone age see blackstone commentaries hale pleas crown see also gault streib death penalty children american experience capital punishment crimes committed age eighteen rev kean history criminal liability children rev accordance standards tradition least offenders age executed country least age see streib death penalty juveniles thus petitioners left argue punishment contrary evolving standards decency mark progress maturing society trop dulles plurality opinion correct asserting confined prohibition embodied eighth amendment barbarous methods generally outlawed century instead interpreted amendment flexible dynamic manner gregg georgia opinion stewart powell stevens determining standards evolved however looked conceptions decency modern american society whole said eighth amendment judgments appear merely subjective views individual justices judgment informed objective factors maximum possible extent coker georgia plurality opinion see also penry lynaugh ante ford wainwright supra enmund florida furman georgia brennan concurring approach dictated language amendment proscribes punishments cruel unusual deference owe decisions state legislatures federal system gregg georgia supra iii irst among objective indicia reflect public attitude toward given sanction statutes passed society elected representatives mccleskey kemp quoting gregg georgia supra whose laws permit capital punishment decline impose upon offenders decline impose offenders establish degree national consensus previously thought sufficient label particular punishment cruel unusual invalidating death penalty rape adult woman stressed georgia sole jurisdiction authorized punishment see coker georgia supra striking capital punishment participation robbery accomplice takes life emphasized eight jurisdictions authorized similar punishment enmund florida supra finding eighth amendment precludes execution insane thus requires adequate hearing issue sanity relied upon addition rule fact state union permitted punishment ford wainwright striking life sentence without parole recidivist statute stressed appears petitioner treated severely state solem helm petitioners make much recently enacted federal statute providing capital punishment certain offenses limiting punishment offenders abuse act pub stat reliance entirely misplaced begin statute question embody judgment federal legislature murder heinous enough warrant execution youthful offender merely narrow class offense defines congressional judgment broader question apparent found law permits appropriate findings tried punished adults federal offenses including bearing capital penalty limited see supp moreover even true federal statute permitted execution persons remotely establish face substantial number state statutes contrary national consensus punishment inhumane absence federal lottery establishes national consensus lotteries socially harmful sure absence federal death penalty existed might evidence national consensus favor punishment burden kentucky missouri however establish national consensus approving citizens voted rather heavy burden petitioners gregg georgia establish national consensus far primary reliable indication consensus concerned pattern enacted laws petitioners failed carry burden iv wilkins stanford argue however even laws establish settled consensus application laws contemporary society views capital punishment offenders inappropriate demonstrated say reluctance juries impose prosecutors seek sentences petitioners quite correct far smaller number offenders sentenced death country example total death sentences imposed individuals committed crimes individuals time crime see streib imposition death sentences juvenile offenses january april paper college law april appears actual executions crimes committed age accounted two percent total number executions occurred see streib death penalty juveniles wilkins points last execution person committed crime years age occurred statistics however carry little significance given undisputed fact far smaller percentage capital crimes committed persons discrepancy treatment much less might seem granted however substantial discrepancy exists establish requisite proposition death sentence offenders categorically unacceptable prosecutors juries contrary possible overwhelmingly probable considerations induce petitioners supporters believe death never imposed offenders cause prosecutors juries believe rarely imposed last point suggests also relevance laws cited petitioners amici set legal age engaging various activities ranging driving drinking alcoholic beverages voting begin 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 even requisite degrees maturity comparable age statutes question still relevant represent social judgment persons designated ages responsible enough drive drink vote judgment vast majority laws set appropriate ages operation system makes determinations gross conduct individualized maturity tests driver drinker voter criminal justice system however provide individualized testing realm capital punishment particular individualized consideration constitutional requirement lockett ohio opinion burger omitted see also zant stephens collecting cases one individualized mitigating factors sentencers must permitted consider defendant age see eddings oklahoma including kentucky missouri codified constitutional requirement laws specifically designating defendant age mitigating factor capital cases moreover determinations required juvenile transfer statutes certify juvenile trial adult ensure individualized consideration maturity moral responsibility offenders even held stand trial adults application particularized system petitioners declared constitutionally inadequate consensus age persons even almost persons achieve sufficient maturity held fully responsible murder age one reasonably held fully responsible displays society views latter point ages set forth generalized system driving drinking voting laws cited petitioners amici ages permit particularized capital punishment systems applied failed establish consensus capital punishment offenders state federal statutes behavior prosecutors juries petitioners seek demonstrate indicia including public opinion polls views interest groups positions adopted various professional associations decline invitation rest constitutional law upon uncertain foundations revised national consensus broad clear enduring justify permanent prohibition upon units democratic government must appear operative acts laws application laws people approved also reject petitioners argument invalidate capital punishment offenders ground fails serve legitimate goals penology according petitioners fails deter juveniles possessing less developed cognitive skills adults less likely fear death fails exact retribution juveniles less mature responsible also less morally blameworthy support claims petitioners supporting amici marshal array socioscientific evidence concerning psychological emotional development evidence conclusively establish entire lack deterrent effect moral responsibility resort cruel unusual punishments clause unnecessary equal protection clause fourteenth amendment invalidate laws lack rational basis see dallas stanglin adjective socioscientific suggests insofar evaluation moral responsibility concerned perhaps adjective ethicoscientific apt demonstrable adequately responsible significantly deterred rational even mistaken think contrary battle must fought field eighth amendment struggle socioscientific ethicoscientific even purely scientific evidence available weapon punishment either cruel unusual society set face audience arguments words citizenry must persuaded stated earlier job identify evolving standards decency determine power eighth amendment substitute belief scientific evidence society apparent skepticism short emphatically reject petitioner suggestion issues case permit us apply informed judgment brief petitioner regarding desirability permitting death penalty crimes reject dissent contention approach largely return ing task defining contours eighth amendment protection political majorities leaves onstitutional doctrine formulated acts institutions constitution supposed limit post citation omitted cast loose historical moorings consisting original application eighth amendment embark rudderless upon sea rather limited amendment extension practices contrary evolving standards decency mark progress maturing society trop dulles plurality opinion emphasis added never thought shorthand reference preferences majority reaching decision supported neither constitutional text demonstrable current standards citizens dissent displays failure appreciate institutions constitution supposed limit include say dissent says us ultimately judge whether eighth amendment permits imposition death penalty post emphasis added quoting enmund florida mean dissent means us judge basis perceive eighth amendment originally prohibited basis perceive society democratic processes overwhelmingly disapproves basis think proportionate measurably contributory acceptable goals punishment say mean replace judges law committee dissent correct several cases engaged proportionality analysis examining whether disproportion punishment imposed defendant blameworthiness whether punishment makes measurable contribution acceptable goals punishment see post never invalidated punishment basis alone cases condemning punishment mode analysis also found objective indicators state laws jury determinations evidenced societal consensus penalty see solem helm enmund florida supra coker georgia plurality opinion fact two methodologies blend one another since proportionality analysis conducted basis standards set society alternative personal preferences judgments kentucky missouri therefore affirmed footnotes following preclude capital punishment offenders california cal penal code ann west colorado rev stat connecticut stat illinois rev ch maryland md ann code art supp nebraska neb rev stat new hampshire rev stat ann xiii supp new jersey stat ann west west supp new mexico stat ann ohio ohio rev code ann oregon rev stat tennessee code ann supp three preclude death penalty offenders georgia code ann north carolina stat supp texas tex penal code ann supp dissent takes issue failure include among evidencing consensus executing offenders district columbia authorize capital punishment post seems us however number jurisdictions bears upon question whether consensus capital punishment altogether quite irrelevant specific inquiry case whether settled consensus favor punishing offenders differently insofar capital punishment concerned dissent position rather like discerning national consensus wagering cockfights inhumane counting within consensus bar wagering issue present case whether capital punishment thought desirable whether persons thought specially exempt respect inquiry logical say laws prohibit capital punishment thus address age support dissent position say laws address capital punishment support position dissent works statistical magic refusing count among authorize capital punishment offenders set minimum age death penalty statute specifically permit sentenced adults post think describing position adequate response see supp peacetime espionage murder persons subject uniform code military justice ed supp destruction aircraft motor vehicles related facilities resulting death supp retaliatory murder member immediate family law enforcement officials cross reference ed supp ed supp murder member congress executive official justice cross reference ed supp espionage supp destruction government property resulting death murder within federal jurisdiction ed supp mailing injurious articles resulting death assassination kidnaping resulting death president vice president willful wrecking train resulting death ed supp bank murder kidnaping treason app ed supp death resulting aircraft hijacking see code rev stat ann supp ark code ann cal penal code ann west rev stat stat stat ind code rev stat ann baldwin la code crim proc art west md ann code art miss code ann supp mo rev stat mont code ann neb rev stat rev stat rev stat ann ii stat ann west supp stat ann stat ohio rev code ann rev stat cons stat code supp code ann utah code ann supp code rev code supp wyo stat vii kentucky statute stanford certified tried adult provides relevant part determines probable cause exists believe person years old older committed felony person years age committed class felony capital offense shall determine best interest child community order transfer based upon seriousness alleged offense whether offense person property greater weight given offenses persons maturity child determined environment child prior record prospects adequate protection public likelihood reasonable rehabilitation child use procedures services facilities currently available juvenile justice system rev stat ann michie repealed effective july seriousness offense alleged whether protection community requires transfer general jurisdiction whether offense alleged involved viciousness force violence whether offense alleged persons property greater weight given offense persons especially personal injury resulted whether offense alleged part repetitive pattern offenses indicates child may beyond rehabilitation juvenile code record history child including experience juvenile justice system courts supervision commitments juvenile institutions placements sophistication maturity child determined consideration home environmental situation emotional condition pattern living program facilities available juvenile considering disposition whether child benefit treatment rehabilitative programs available juvenile mo rev stat dissent believes individualized consideration solution eighth amendment requires person lacks full degree responsibility actions associated adulthood sentenced death absolute assured juvenile offender level responsibility taken account along host factors jury may decide outweigh want responsibility post equally true individualized consideration absolutely assure immunity death penalty nonjuvenile happens immature individualized consideration constitutionally inadequate logical conclusion everyone exempt death penalty justice concurring part concurring judgment last term thompson oklahoma opinion concurring judgment expressed view criminal defendant tried juvenile state law granting petition waiving juvenile jurisdiction may executed capital offense state capital punishment statute specifies minimum age commission capital crime lead offender execution defendant reached minimum age time crime committed threshold matter indicated specificity necessary avoid constitutional problems clear national consensus forbids imposition capital punishment crimes committed age applying standard thompson concluded oklahoma imposition death sentence individual years old time committed capital offense set aside applying standard today conclude death sentences capital murder imposed missouri kentucky petitioners wilkins stanford respectively set aside sufficiently clear national consensus forbids imposition capital punishment capital murderers thompson noted salient statistic bears case every single american legislature expressly set minimum age capital punishment set age difference thompson cases convinces national consensus forbidding imposition capital punishment crimes committed age older see ante indicates majority permit capital punishment authorize crimes committed age ante three including kentucky specifically set minimum age capital punishment see ind code rev stat ann baldwin rev stat fourth florida clearly contemplates imposition capital punishment juvenile transfer statute see stat circumstances unlike peculiar circumstances work thompson think necessary require state legislature specify commission capital crime lead execution offender sufficiently clear today national consensus forbids imposition capital punishment circumstances implicit nature missouri legislature decision constitutionally problematic true fortiori case kentucky specified minimum age imposition death penalty day may come general legislative rejection execution capital murderers clear national consensus said developed believe day yet arrived concur parts ii iii opinion concur judgment unable however join remainder plurality opinion reasons stated thompson part plurality opinion emphatically reject ante suggestion beyond assessment specific enactments american legislatures remains constitutional obligation imposed upon judge whether nexus punishment imposed defendant blameworthiness proportional thompson supra quoting enmund florida dissenting part plurality opinion specifically rejects irrelevant eighth amendment considerations state statutes distinguish juveniles adults variety purposes view constitutional obligation conduct proportionality analysis see penry lynaugh ante tison arizona enmund dissenting thompson specifically identified statutory classifications relevant eighth amendment proportionality analysis opinion concurring judgment thus although believe particular cases resolved proportionality analysis see thompson supra reject suggestion use analysis improper matter eighth amendment jurisprudence accordingly join parts justice scalia opinion justice brennan justice marshall justice blackmun justice stevens join dissenting believe take life person punishment crime committed age cruel unusual hence prohibited eighth amendment method assesses claim punishment unconstitutional cruel unusual established precedents bears little resemblance method four members apply case sure begin task deciding whether punishment unconstitutional reviewing legislative enactments work sentencing juries relating punishment question determine whether nation set face punishment extent concluded punishment offends evolving standards decency trop dulles plurality opinion undertakes analysis case ante justice scalia plurality opinion point ante treat eighth amendment inquiry complete investigation agree justice ante searching inquiry mandated precedents interpreting cruel unusual punishments clause view inquiry must cases go beyond statutory classifications relating matters capital punishment cf ibid concurring part concurring judgment must also encompass justice scalia calls evident misplaced disdain ethicoscientific evidence position judge cases require whether punishment unconstitutionally excessive either disproportionate given culpability offender serves legitimate penal goal judgment constitutionality punishment eighth amendment informed though determined see infra examination contemporary attitudes toward punishment evidenced actions legislatures juries mccleskey kemp coker georgia plurality opinion views organizations expertise relevant fields choices governments elsewhere world also merit attention indicators whether punishment acceptable civilized society discussion state laws concerning capital sentencing ante gives distorted view evidence contemporary standards legislative determinations provide currently whose statutes permit capital punishment specifically mandate offenders age sentenced death ante one adds including district columbia capital punishment authorized appears governments fully concluded one face death penalty three explicitly refuse authorize sentences death committed offense ante making total tolerate execution petitioner wilkins congress recent enactment death penalty statute also excludes pub stat death penalty minimum age capital sentences set death penalty statute see thompson oklahoma supra notion consciously authorized execution juveniles derives congruence jurisdictions laws permitting state courts hand death sentences one hand statutes permitting transfer offenders juvenile state systems trial certain circumstances see thompson supra scalia dissenting assume however considering stand moral issue underlies constitutional question presented legislature never specifically considered issue made conscious moral choice permit execution juveniles see plurality opinion matter moment expressed explicit contrary judgment decisions legislatures implicit lack earmarks careful consideration required kinds decisions leading death penalty concurring judgment must count little suggest course laws cut constitutionality juvenile death penalty accuracy demands baseline deliberations refuse authorize sentence death circumstances petitioner stanford case permit wilkins execution squarely faced question remaining jurisdictions explicitly set age person may sentenced death application laws another indicator agrees relevant fact juries occasion sentenced minor death shows says death penalty adolescents categorically unacceptable juries ante course true conclusion takes eighth amendment analysis far never insisted punishment rejected unanimously may judge cruel unusual never adopted extraordinary view punishment beyond eighth amendment challenge sometimes handed jury see enmund florida holding death penalty cruel unusual punishment participation felony accomplice commits murder though third american jurisdictions authorized punishment least six felony murderers executed three others death rows coker georgia holding capital punishment unconstitutional rape adult woman though persons executed rape country since see enmund supra though georgia juries handed six death sentences rape enmund coker amply demonstrate requisite finding eighth amendment violation punishment issue categorically unacceptable prosecutors juries ante evidently resort cruel unusual punishments clause necessary test sentence never imposed categorically unacceptable juries absolute relative terms imposition death penalty adolescents distinctly unusual adolescent offenders make small proportion current population total inmates percent naacp legal defense educational fund ldf death row mar eleven minors sentenced die nine six five seven two app brief office capital collateral representative state florida amicus curiae hereafter occr brief percent death sentences imposed january june juvenile crimes app juvenile offenders significantly less likely receive death penalty adults period arrests adults homicide adult death sentences percent arrests minors homicide compared juvenile death sentences percent apps speculates small number capital sentences imposed adolescents indicates juries considered youth offender determining sentence reserved punishment rare cases nevertheless appropriate ante state georgia made similar equally conjectural argument coker practical matter juries simply reserve extreme sanction extreme cases rape recent experience prove jurors consider death penalty disproportionate punishment every conceivable instance rape however summarily rejected claim noting simply vast majority cases georgia juries imposed death sentence rape certainly true vast majority cases juries sentenced juveniles death seems perfectly proper conclude sentence rarely imposed unusual indicators contemporary standards decency inform consideration eighth amendment question opinions respected organizations thompson plurality opinion organizations expertise relevant area given careful consideration question punishment appropriateness reason judgment entitled attention indicator contemporary standards dearth opinion groups killing minors unjustified number indeed filed briefs amicus curiae cases support petitioners american bar association adopted resolution opposing imposition capital punishment upon person offense committed age national council juvenile family judges american law institute model penal code similarly includes lower age limit death sentence national commission reform federal criminal laws also recommended minimum age cases recognize objective indicators contemporary standards decency form legislation countries also relevance eighth amendment analysis thompson supra enmund coker supra trop dulles many countries course including nearly western europe formally abolished death penalty limited use exceptional crimes treason app brief amnesty international amicus curiae others practice impose penalty ibid nations retain capital punishment majority prohibit execution juveniles ibid countries retain capital punishment statutory provision exempting juveniles though nations ratifiers international treaties prohibit execution juveniles ibid since amnesty international recorded eight executions offenders throughout world three five executions carried pakistan bangladesh rwanda barbados addition national laws three leading human rights treaties ratified signed explicitly prohibit juvenile death penalties within world community imposition death penalty juvenile crimes appears overwhelmingly disapproved together rejection death penalty juveniles majority rarity sentence juveniles absolute comparative matter decisions respected organizations relevant fields punishment unacceptable rejection generally throughout world provide mind strong grounding view constitutionally tolerable certain persist authorizing execution adolescent offenders unnecessary however rest view eighth amendment prohibits execution minors solely upon judgment meaning attached evidence contemporary values outlined execution juveniles fails satisfy two independent eighth amendment requirements punishment disproportionate make contribution acceptable goals punishment ii justice scalia forthrightly plurality opinion eighth amendment analysis end legislation jury verdicts relating punishment question analyzed indicators contemporary values majority rejected revisionist view recently last term see thompson plurality opinion opinion case penry lynaugh ante need treat narrow range factors determinative decision whether punishment violates constitution excessive explicitly stated attitude state legislatures sentencing juries wholly determine controversy arising eighth amendment coker plurality opinion emphasis added constitution contemplates end judgment brought bear question constitutional acceptability punishment ibid see also powell concurring judgment ultimate decision appropriateness death penalty eighth amendment must decided basis judgment light precedents enmund supra although judgments legislatures juries prosecutors weigh heavily balance us ultimately judge whether eighth amendment permits imposition death penalty particular class cases justice scalia approach largely return task defining contours eighth amendment protection political majorities purpose bill rights withdraw certain subjects vicissitudes political controversy place beyond reach majorities officials establish legal principles applied courts one right life liberty property free speech free press freedom worship assembly fundamental rights may submitted vote depend outcome elections west virginia board education barnette despite justice scalia view contrary however cases make clear public perceptions standards decency respect criminal sanctions conclusive penalty also must accord dignity man basic concept underlying eighth amendment means least punishment excessive inquiry excessiveness two aspects first punishment must involve unnecessary wanton infliction pain second punishment must grossly proportion severity crime gregg georgia opinion stewart powell stevens iii doubt point constitutional history eighth amendment forbids punishment wholly disproportionate blameworthiness offender constitutional principle proportionality recognized explicitly almost century solem helm usually formulated requirement sentences disproportionate crime committed see weems vermont field dissenting proportionality principle takes account injury person public caused crime also moral depravity offender coker supra offender culpability criminal acts degree defendant blameworthiness enmund dissenting see also opinion thus central importance constitutionality sentence imposed indeed focus defendant blameworthiness runs throughout constitutional jurisprudence relating capital sentencing see booth maryland striking state statute requiring consideration sentencer evidence defendant record characteristics circumstances crime bearing defendant personal responsibility moral guilt california brown emphasis culpability sentencing decisions long reflected jurisprudence lockett eddings reflect belief punishment directly related personal culpability criminal defendant concurring proportionality analysis requires compare gravity offense understood include injury caused also defendant culpability harshness penalty solem supra view juveniles generally lack degree responsibility crimes predicate constitutional imposition death penalty eighth amendment forbids receive punishment legislative determinations distinguishing juveniles adults abound classifications reveal much society regards juveniles class societal beliefs regarding adolescent levels responsibility see thompson plurality opinion participation juveniles substantial number activities open adults either barred completely significantly restricted legislation two uniform age majority set age occr brief app state lowered voting age app see thompson supra app state permit person serve jury occr brief app see thompson supra app four ever permit persons marry without parental consent occr brief app see thompson supra app specific enactments requiring patient attained may validly consent medical treatment occr brief app require parental consent person may drive motor car app see thompson supra app legislation prohibits purchasing pornographic materials occr brief app see thompson supra app gambling legal adolescents generally permitted participate forms occr brief app see thompson supra app host ways minors treated differently adults laws reflects simple truth derived communal experience juveniles class level maturation responsibility presume adults consider desirable full participation rights duties modern life reasons juveniles trusted privileges responsibilities adult also explain irresponsible conduct morally reprehensible adult thompson supra plurality opinion adolescents vulnerable impulsive less adults without capacity control conduct think terms twentieth century fund task force sentencing policy toward young offenders confronting youth crime hereafter task force particularly impressionable subject peer pressure see eddings oklahoma prone experiment bravado task force lack experience perspective judgment bellotti baird see generally thompson supra brief american society adolescent psychiatry et al amici curiae reviewing scientific evidence moreover paternalism society shows toward youths dependency forces upon mean society bears responsibility actions juveniles actions adults least theoretically free make choices youth crime exclusively offender fault offenses young represent failure family school social system share responsibility development america youth task force may exceptional individuals mature quickly peers might considered fully responsible actions prior age despite lack experience upon judgment depends view however sufficient accommodate facts juveniles individual youth culpability may taken account decision transfer juvenile adult system trial capital sentencing jury instructed consider youth mitigating factors believe eighth amendment requires person lacks full degree responsibility actions associated adulthood sentenced death hence constitutionally inadequate juvenile offender level responsibility taken account along host factors jury may decide outweigh want responsibility immaturity constitutionally operate bar disproportionate death sentence guarantee minor transferred trial adult system rather important considerations decision transfer juvenile offender seriousness offense extent prior delinquency response prior treatment within juvenile justice system national institute juvenile justice delinquency dept justice major issues juvenile justice information training youth adult courts two worlds psychological intellectual personal characteristics juvenile offenders receive little attention transfer stage account differences transferred remain juvenile system see solway hays schreiner cansler clinical study youths petitioned certification adults psychological adolescent lack full culpability isolated sentencing stage factor determinatively bars death sentence jury free weigh juvenile offender youth lack full responsibility heinousness crime aggravating factors finding aggravating factors weightier sentence even immature olds killed stretch imagination transfer sentencing decisions designed isolate juvenile offenders exceptionally mature responsible thus stand peers class thus unsurprising individualized consideration transfer sentencing fact ensured juvenile offenders lacking adult culpability sentenced die quite contrary adolescents death row appear typically battery psychological emotional problems going likely capacity judgment level blameworthiness recent diagnostic evaluation juveniles death rows four instructive lewis et neuropsychiatric psychoeducational family characteristics juveniles condemned death psychiatry seven adolescents sentenced die psychotic evaluated diagnosed earlier childhood four others histories consistent diagnoses severe mood disorders remaining three experienced periodic paranoid episodes assault perceived enemies table eight suffered severe head injuries childhood table nine suffered neurological abnormalities table psychoeducational testing showed inmates iq scores normal range individuals suffered psychiatric disorders offenders showed impaired abstract reasoning least tests tables two adolescents physically abused five sexually abused table within families children violence alcoholism drug abuse psychiatric disorders commonplace table cases consideration today certainly suggest individualized consideration transfer sentencing ensure exceptionally mature juveniles blameworthy crimes adult sentenced death transferring jurisdiction kevin stanford circuit juvenile division jefferson kentucky district nevertheless found stanford time crime low internalization values morals society lacks social skills possess institutionalized personality effect chaotic family life lack treatment become socialized delinquent behavior emotionally immature amenable treatment properly done long term basis psychotherap eu tic intervention reality based therapy socialization drug therapy residential facility app health wilkins committed crime missouri intends kill juvenile ordering transferred trial adult focused upon viciousness wilkins crime juvenile system inability rehabilitate months juvenile confinement available need protect public though also mentioned wilkins view experienced person mature appearance habits app circuit found wilkins competent stand trial record wilkins waived counsel avowed intention pleading guilty seeking death penalty circuit accepted waiver later wilkins guilty plea wilkins represented counsel sentencing see presenting mitigating evidence told prefer death penalty life prison ne fear one hearing evidence state sentenced wilkins die wilkins took steps appeal objected amicus efforts behalf missouri however ordered evaluation determine whether wilkins competent waive right appellate counsel concluding wilkins incompetent waive rights forensic psychiatrist found wilkins suffers mental disorder affects reasoning impairs behavior app incredible suppose given psychiatrist conclusion summary wilkins past set margin missouri transfer sentencing schemes operated identify wilkins old mature culpable beyond years juveniles generally lack degree blameworthiness view constitutional prerequisite imposition capital punishment precedents concerning eighth amendment proportionality principle individualized consideration offender youth culpability transfer stage sentencing operated ensure offenders singled ultimate penalty exceptional individuals whose level responsibility developed peers circumstance believe categorical assumption juveniles class insufficiently mature regarded fully responsible make many areas appropriately made determining whether minors may subjected death penalty noted thompson ironic assumptions readily make minors class suddenly unavailable conducting proportionality analysis hold eighth amendment prohibits execution person crime committed age iv second strand eighth amendment inquiry whether particular sentence excessive hence unconstitutional ask whether sentence makes measurable contribution acceptable goals punishment thompson supra enmund florida coker georgia gregg georgia two principal social purposes capital punishment said retribution deterrence capital crimes prospective offenders gregg supra see enmund unless death penalty applied persons offenses committed measurably contributes one goals eighth amendment prohibits see ibid etribution justification executing offenders much depends degree culpability explained part iii supra believe juveniles lack culpability makes crime extreme may warrant according cases death penalty treat juveniles class exempt ultimate penalty considerations persuade executing juveniles measurably contribute retributive end ensuring criminal gets deserts see thompson supra punishment fails eighth amendment test proportionality disproportionate offender blameworthiness definition justly deserved strong indications execution juvenile offenders violates contemporary standards decency majority decline permit juveniles sentenced death imposition sentence upon minors unusual even permit respected organizations expertise relevant areas regard execution juveniles unacceptable international opinion indicators serve confirm view conclusion eighth amendment prohibits execution persons offenses committed age death penalty disproportionate applied young offenders fails measurably serve goals capital punishment dissent see thompson oklahoma listing state rejected capital punishment altogether vermont vermont repealed statute allowed capital punishment murders see stat tit supp state provides death penalty kidnaping intent extort money insofar permits sentence death rendered unconstitutional decision furman georgia vermont sentencing scheme guide jury discretion see stat tit vermont decision amend law allowing death penalty light furman progeny combination repeal statute permitting capital punishment murder leads conclusion state rejects capital punishment addition south dakota though statutorily provides death penalty sentenced one death since furman arguably making state abandoned death penalty one person currently death row juvenile crimes sentenced maryland since set minimum age death penalty capital sentences juveniles presumably unusual still capital juries drawn cross section society rather excluding many oppose capital punishment see lockhart mccree fact renders capital jury sentences distinctly weighted measure contemporary standards briefs american bar association child welfare league america national parents teachers association national council crime delinquency children defense fund national association social workers national black child development institute national network runaway youth services national youth advocate program american youth work center american society adolescent psychiatry american orthopsychiatric association defense children national legal aid defender association national association criminal defense lawyers office capital collateral representative state florida international human rights law group amici curiae see also briefs american baptist churches american friends service committee american jewish committee american jewish congress christian church disciples christ mennonite central committee general conference mennonite church national council churches general assembly presbyterian church southern christian leadership conference union american hebrew congregations church christ commission racial justice methodist church general board church society catholic conference west virginia council churches amnesty international amici curiae american bar association summary action house delegates annual meeting national council juvenile family judges juvenile family newsletter vol american law institute model penal code proposed official draft american law institute model penal code commentaries commentary ivilized societies tolerate spectacle execution children national commission reform federal criminal laws final report proposed new federal criminal code brief amnesty international amicus curiae thompson oklahoma 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 reprinted international legal material article geneva convention relative protection civilian persons time war august ratified see also resolutions decisions nations economic social council res escor supp doc adopting safeguards guaranteeing protection rights facing death penalty including safeguard ersons years age time commission crime shall sentenced death endorsed nations general assembly gaor res doc adopted seventh nations congress prevention crime treatment offenders doc sales delinquent juveniles unlikely among instead typically among persons society presumption capacity mature judgment much generous see scharf law child evolving legal conscience advances law child development sprague ed discussing study delinquents aged suggesting group mean moral maturity level average two psychological reports prepared concerning wilkins issue competency stand trial arose neither suggests wilkins exceptionally mature age one found intellectual functioning within average range app igher order processes reasoning judgment within approximate normal range concluded wilkins capacity manage control affect tenuous inconsistent leaving subject impulsive actions well arbitrary capricious thinking prone skirt details considerations logical systematic thought intolerant intense affects anxiety depression anger feelings overwhelming interfere ability think clearly gives rise impulsive action vulnerable massive infusions intense rage leads spasms destructive action rage profound depressive experience generated excruciating sense lonely alienation whereby experiences people lifeless empty barely experiences ties others emp athe tic attunement wilkins diagnosed conduct disorder type borderline personality disorder left difficulty establishing pattern predictable response stressful situations vacillating aggression towards others activity exhibiting bizarre behavior paranoid ideation idiosyncratic thinking since psychiatrist summarized wilkins past report wilkins raised rather poor socioeconomic environment reportedly extremely chaotic upbringing childhood physically abused mother sometimes beatings last two hours child started robbing houses knives money loved set fires wilkins mother worked night slept day thus children left alone night claims started drugs uncle age six see apparently used shoot bb guns passing cars wilkins indicated mother boyfriend quick temper hated also started disliking mother punished also stood boyfriend unkind towards decided poison mother boyfriend placing rat poison tylenol capsules informed brother situation secretly emptied capsules made eat afraid death attempted vomiting placing fingers throat ended getting beating mother boyfriend age ten wilkins evaluated mental health center western missouri mental health center stayed period six months sent butterfield youth home east range residential facility boys started using drugs quite heavily also started drinking hard liquor butterfield angry teachers considered dumb showed rather strange behavior became depressed dance net head another occasion cut wrist claimed frequent thoughts suicide prior going butterfield jumped bridge car swerved hit butterfield attempted overdose alcohol drugs another time antipsychotic medication mellaril wilkins placed mellaril active stayed butterfield three one half years ages transferred crittenton center since closer mother residence stayed four five months kicked gave permission go home probation time mother started seeing another boyfriend wilkins apparently liked continued usage alcohol drugs school continued break houses stealing money jewelry knives generally stole money spend arcade one occasion ran away southern california introduced amphetamines spent money return home charged stolen knife sent detention center age sent northwest regional youth services kansas city attempt prescribing thorazine major tranquilizer made wilkins placed foster home ran away foster home beginning may lived streets records butterfield indicated wilkins natural father committed mental institution arkansas considerable amount physical abuse existed family educational testing gave rather unusual responses example asked reasons need policemen replied get rid people like also revealed plans blow large building kansas city made bizarre derogatory sexual comments towards women prior visits mother episodes hyperventilation passed fainting chest squeezing one occasion september put gasoline toilet set fire causing explosion wilkins brother diagnosed suffering schizophrenia admitted along wilkins crittenton center wilkins often noticed fantasizing outer space supernatural powers fall crittenton psychiatrist recommended placement mellaril disoriented thinking pattern high anxiety condition started deteriorating final diagnoses november discharged crittenton borderline personality personality psychological testing crittenton indicated isolated episodes paranoid functioning see kastenbaum time death adolescence meaning death feifel ed among conclusions kastenbaum drew study adolescent lives intense present real past future seem pallid comparison everything important valuable life lies either immediate life situation rather close future ibid