2008 Woodie Awards
The Supreme Court Debates Teen Executions
The Supreme Court is deeply divided over the controversial issue of executing teenage murderers.
Erika Batey
Issue date: 10/22/04 Section: News
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The case that raised this controversial issue to the surface is the Roper v. Simmons case. In 1993, seventeen-year-old Christopher Simmons of Missouri, accompanied by a younger teen, forced a woman into a van and threw her off a bridge to drown. The younger teen received life in prison, but the court sentenced Simmons to death. However, just one year ago, Missouri's highest court overturned the sentence and re-sentenced Simmons to life in prison without parole.
The ruling sparked a strong controversy. Family and friends of the victims traveled to Washington to protest. Dianne Clements, president of a victims' rights group called Justice for All, stated, "The death penalty is reserved for the worst of the worse. It is not just for adults. It doesn't matter how old the killer is. What matters is that your loved one is gone." Others firmly state the execution of juveniles is unconstitutional and should be rejected in the United States.
Among the supporters of juvenile executions are Supreme Court Justices Antonin Scalia and Clarence Thomas, and Chief Justice William H. Rehnquist. Those against it are Justices Ruth Bader Ginsberg, John Paul Stevens, David Souter, and Stephen Breyer. Ginsberg has stated the dividing line between adults and children is 18. That is the age "to vote, to sit on juries, to serve on the military," she has said. Justices Sandra Day O'Connor and Anthony M. Kennedy are expected to be the swing votes in this decision.
Two years ago, the Court debated a similar case when it ruled 6 to 3 that the execution of the mentally retarded was unconstitutional. The Roper v. Simmons case will most likely be determined by whether or not juvenile executions are seen as "cruel and unusual punishment," a violation of the Eighth Amendment. Seth P. Waxman, representing Simmons, has also argued that new medical and psychological studies of teen immaturity have shown that juvenile executions are unjust. "We are literally alone in the world," he stated, referring to the many other countries around the world that have barred teen executions.
Countries overseas have expressed great interest in this particular case, including the European Union that has signed briefs for Mr. Simmons. The United States and Somalia are currently the only two nations that have not formally renounced the execution of juveniles.