When Billy was fifteen years old, he and his brother and two friends brutally murdered Billy′s brother-in-law. Billy kicked and shot the victim in the head, slit his throat, and dragged his body, chained to a concrete block, to a river, where it remained for almost four weeks.
Billy was transferred to adult court, tried by a jury, and sentenced to death for first-degree murder. Billy appealed his case*, which was eventually heard by the U.S. Supreme Court. In 1988, the court issued its decision, which remains the law today regarding juveniles and the death penalty.
The court stated that the execution of any person under sixteen at the time of his or her offense would offend civilized standards of decency: “[M]inors often lack the experience, perspective, and judgment expected of adults. . . . The normal fifteen-year-old is not prepared to assume the full responsibilities of an adult.” Billy′s death sentence was set aside, and he was resentenced.
In 2005, the U.S. Supreme Court extended its view to all minors including those who were sixteen and seventeen years old at the time of the crime. In the case of Roper v. Simmons (2005)**, the court commented that juveniles are more vulnerable or susceptible to negative influences and outside pressures, including peer pressure. Justice Kennedy wrote: “When a juvenile offender commits a heinous crime, the State can exact forfeiture of some of the most basic liberties, but the State cannot extinguish his life and his potential to attain a mature understanding of his own humanity.” He went on to say: “The age of eighteen is the point where society draws the line for many purposes between childhood and adulthood. It is,we conclude, the age at which the line for death eligibility ought to rest.”
Juveniles on death row across the country most likely will be resentenced to life with or without the possibility of parole at a future date.
*Thompson v. Oklahoma, 487 U.S. 815 (1988).
**Roper v. Simmons, 125 S.Ct. 1183 (2005).
To read more about 17-year-old Christopher Simmons, whose case resulted in the abolition of the juvenile death penalty, see “Teens Take It To Court [Young People Who Challenged the Law and Changed Your Life]” by Free Spirit Publishing (2006) at www.freespirit.com.
FYI
“Critique of the Juvenile Death Penalty in the United States: A Global Perspective” by Lori Edwards, 42 Duquesne Law Review 317 (Winter 2004).
“Too Young to Die: Juveniles and the Death Penalty: A Better Alternative to Killing Our Children: Youth Empowerment” by Sherri Jackson, 22 New England Journal on Criminal and Civil Confinement 391 (1996).
