{Roper v. Simmons

2005: The End Of Juvenile Executions

Justice Felix Frankfurter

“It is a fair summary of our Constitutional history that the landmarks of our liberties have been forged in cases by not very nice people.”

Christopher Simmons

Committed by two friends, 17 and 15 year-old high school students in Missouri, 1993.

Simmons and accomplice Charles Benjamin broke into Shirley Crook’s home after 2 A.M. They covered her eyes and mouth with duct tape, bound her hands, and transported the victim in her minivan to a nearby state park.

The Crime

Brought to a railroad trestle, Shirley Crook was further bound with electrical wire.

Her entire face was covered in duct tape, her existing bonds reinforced, and she was pushed off the bridge. She drowned. Her body was recovered the next morning in the Meramec River by fishermen. Her husband, gone on a hunting trip, reported her missing. The body found was identified as being Shirley Crook, 46 years old.

Wife, Mother, Murder Victim: Shirley Crook

Picked up for questioning at his high school, Simmons confessed in a two -hour interrogation and participated in a videotaped re-enactment of the murder.Due to the serious nature of the crime (a felony capital crime) both defendants were remanded to the criminal, not juvenile, justice system in Missouri.

Felony Murder Charge

Capital Crime: Murder with aggravating factors; i.e. occurred during the commission of another crime such as robbery and may result in death penalty

Conviction, Sentencing…

Appeals

The Missouri Supreme Court, based on federal SC Atkins ruling, declared execution of juvenile offenders unconstitutional

Christopher Simmons is released from death row; case is appealed to U.S.A. Supreme Court…

20 states in 2005 allowed juveniles ages 16-17 to be executed. This would be the test case if the practice would continue…or end.

940 × 697 - ffrf.org

Supreme Court Decides

Related Case law:Thompson v. Oklahoma (1988)Stanford v. Kentucky (1989)Atkins v. Virginia (2003)

“Evolving Standards of Decency”…Stanford retains status quo

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments imposed.”

8th amendment, re: cruel and unusual punishment

Majority Decision: written by Justice Kennedy…

Affirms Missouri Supreme Court Ruling: Juveniles aged 16-17 exempt from capital crime death penalty

-Consensus against (30 states prohibit; 20 allow)-Juveniles less culpable for crimes because society views them lacking full autonomy(cited: draft registration and voting at 18)-Already banned for those under 16 -International law opposes death penalty

Reasoning

-Lack of maturity and responsibility-Susceptibility of juveniles to negative influences-character of juvenile not well-formed

Kennedy: Three Differences Between Juveniles and Adults

Kennedy Says: Deterrence less likely to appeal to juvenile reasoning

In Simmons’ original criminal trial, testimony was admitted from a witness that he urged his friends to perpetrate the burglary/murder with him because “we’re juveniles and we’ll get away with it.”

Arguments Against

-Juveniles can drive at age 16-Consensus Opinion: Tyranny of the Majority?-International law non-applicable in U.S.-At what age do we know right from wrong?-Lack of understanding on brain functioning; lack of proof that juveniles are incapable of executive functioning-Is it appropriate to compare between clinical mental retardation and mental functioning of average teenager?-Infringement on statutory criminal legislation and sentencing at state level

When Does A “Special Category” End?

Pat Berrigan, attorney representing Christopher Simmons, upon his receiving the news of the Supreme Court’s decision

“I think he sees some of God’s work in this result.”