Roper v. Simmons

Roper v. Simmons
Supreme Court of the United States
Argued October 13, 2004 Decided March 1, 2005
Full case name	Donald P. Roper, Superintendent, Potosi Correctional Center, Petitioner v. Christopher Simmons
Docket no.	03-633
Citations	543 U.S. 551 (more) 125 S. Ct. 1183; 161 L. Ed. 2d 1; 2005 U.S. LEXIS 2200; 73 U.S.L.W. 4153; 18 Fla. L. Weekly Fed. S 131
Argument	Oral argument
Case history
Prior	Defendant convicted, motion for postconviction relief denied, Circuit Court of Jefferson County, Missouri; affirmed, State v. Simmons, 944 S.W.2d 165 (Mo. 1997) (en banc), cert. denied, 522 U.S. 953 (1997). Denial of petition for a writ of habeas corpus affirmed, Simmons v. Bowersox, 235 F.3d 1124 (8th Cir. 2001), cert. denied, 534 U.S. 924 (2001). Petition for a writ of habeas corpus granted, State ex rel. Simmons v. Roper, 112 S.W.3d 397 (Mo. 2003) (en banc), cert. granted, 540 U.S. 1160 (2004).
Holding
The Eighth and Fourteenth Amendments forbid imposition of the death penalty on offenders who were under the age of 18 when their crimes were committed. Supreme Court of Missouri affirmed, and Stanford v. Kentucky overruled.
Court membership
Chief Justice William Rehnquist Associate Justices John P. Stevens · Sandra Day O'Connor Antonin Scalia · Anthony Kennedy David Souter · Clarence Thomas Ruth Bader Ginsburg · Stephen Breyer
Case opinions
Majority	Kennedy, joined by Stevens, Souter, Ginsburg, Breyer
Concurrence	Stevens, joined by Ginsburg
Dissent	O'Connor
Dissent	Scalia, joined by Rehnquist, Thomas
Laws applied
U.S. Const. amends. VIII, XIV
This case overturned a previous ruling or rulings
Stanford v. Kentucky (1989)

Roper v. Simmons, 543 U.S. 551 (2005), is a landmark decision by the Supreme Court of the United States in which the Court held that it is unconstitutional to impose capital punishment for crimes committed while under the age of 18. The 5–4 decision overruled Stanford v. Kentucky, in which the court had upheld execution of offenders at or above age 16, and overturned statutes in 25 states.

Background

In a line of cases reaching back to Weems v. United States (1910) the Supreme Court has elaborated that the Eighth Amendment protects the dignity of all persons, "even those convicted of heinous crimes". Excessive and disproportionate punishments are prohibited as cruel and unusual punishment by the Court's precedent. The Court has applied an "evolving standards of decency" test to decide which punishments are unconstitutionally excessive.

The Court has limited the death penalty to offenders who commit the "most serious crimes" and who are "the most deserving of execution" based on their culpability and blameworthiness. The Supreme Court has restricted death sentences by crime (see Coker v. Georgia and Enmund v. Florida) and class of offender (see Thompson v. Oklahoma, Ford v. Wainwright and Atkins v. Virginia).

In 1988 a plurality barred execution of offenders under the age of 16. The following year Stanford v. Kentucky, upheld the possibility of capital punishment for offenders who were 16 or 17 years old when they committed the capital offense. 22 of 37 death penalty jurisdictions still permitted the execution of 16 year olds. This was not enough for the court to find a national consensus that the punishment was cruel and unusual under "evolving standards of decency". Justice Sandra Day O'Connor, concurring in the judgment, was critical of the plurality's refusal "to judge whether the nexus between the punishment imposed and the defendant's blameworthiness is proportional."

When the Court upheld the constitutionality of the death penalty in the 1977 case Gregg v. Georgia that decision was justified by retributive and deterrent purposes of state death penalty statutes. When Atkins was decided in 2002 the Court, quoting from Coker v. Georgia, brought its own judgment "to bear on the question of the acceptability of the death penalty under the Eighth Amendment". They said diminished personal capacity makes the death penalty excessive for the intellectually disabled because the public purposes of retribution and deterrence are not served by executing the mentally impaired. In Roper, Justice Kennedy, writing for the majority, reversed Stanford, finding that "penological justifications for the death penalty apply to [juveniles] with lesser force than to adults".

Case history

In the state of Missouri in 1993, 17-year-old Christopher Simmons concocted a plan to commit burglary and murder, having previously told friends that he "wanted to kill someone" and that he "believed he could get away with it because he was a minor". Simmons convinced two of his friends to join him: 15-year-old Charles Benjamin and 16-year-old John Tessmer. Simmons met with Benjamin and Tessmer at 2 a.m. to carry out their plan, but Tessmer decided to leave before any crimes were committed. Simmons and Benjamin later broke into the home of Shirley Crook, a 46-year-old neighbor, where they duct-taped her mouth and eyes shut before abducting her in her van. Simmons drove Crook's van to Castlewood State Park and parked near a railroad trestle bridge, where Simmons and Benjamin unloaded Crook from the van. They then covered her head with a towel, wrapped her in electrical wire, and threw her off of the trestle bridge into the Meramec River while she was still alive and conscious. Crook's body was discovered that afternoon by a group of fishermen.

Simmons was heard "bragging about the murder" later that day and told his friends that he had killed a woman. The day after the murder, police arrested Simmons and Benjamin at their high school after receiving a tip that they were involved in the murder. At the police station in Fenton, Missouri, Simmons waived his right to attorney and agreed to answer questions. Simmons initially denied involvement but later confessed to the murder and agreed to perform a videotaped reenactment at the crime scene. Simmons further told detectives that he recognized Crook as someone he had been in a minor traffic accident with several months earlier and that he believed Crook recognized him as well.

Simmons was charged with first-degree murder, burglary, kidnapping, and stealing. He was tried as an adult. At trial, Tessmer testified that Simmons planned the murder in advance. The jury found Simmons guilty of Crook's murder and recommended the death penalty, which the trial court imposed. For his role, Benjamin was sentenced to life without parole.

Lower court proceedings

Simmons moved for the trial court to set aside the conviction and sentence, citing, in part, ineffective assistance of counsel. His age, and thus impulsiveness, along with a troubled background, were brought up as issues that Simmons claimed should have been raised at the sentencing phase. The trial court rejected the motion, and Simmons appealed.

The case worked its way up the court system, with the courts continuing to uphold the death sentence. However, in light of a 2002 U.S. Supreme Court ruling, in Atkins v. Virginia, that overturned the death penalty for the intellectually disabled, Simmons filed a new petition for state post-conviction relief. The Supreme Court of Missouri concluded that "a national consensus has developed against the execution of juvenile offenders" and held that such punishment now violates the Eighth Amendment's prohibition of cruel and unusual punishment. They sentenced Simmons to life imprisonment without parole.

The State of Missouri appealed the decision to the U.S. Supreme Court, which agreed to hear the case.

Supreme Court

The Supreme Court reversed Stanford and held that the Eighth Amendment does not allow death sentences for juvenile offenders younger than 18.

Opinion of the Court

Under the "evolving standards of decency" test, the Court held that it was cruel and unusual punishment to execute a person who was under the age of 18 when the crime was committed.

The Court found a "national consensus" based on state laws and jury sentencing behavior. At the time of the decision, 20 states had the juvenile death penalty on the books, but only six states had executed prisoners since 1989 for crimes committed as juveniles. Only three states had done so since 1994: Oklahoma, Texas, and Virginia. Furthermore, five of the states that allowed the juvenile death penalty when Sanford was decided in 1989 had since abolished it.

Writing for the majority, Justice Kennedy says:

As in Atkins, the objective indicia of consensus in this case—the rejection of the juvenile death penalty in the majority of States; the infrequency of its use even where it remains on the books; and the consistency in the trend toward abolition of the practice—provide sufficient evidence that today our society views juveniles, in the words Atkins used respecting the mentally retarded, as "categorically less culpable than the average criminal".

The Court's "independent judgement" concluding that the death penalty was an unconstitutionally disproportionate punishment for juveniles as a class relied on psychological and sociological studies to establish the diminished culpability of juveniles. Justice Kennedy makes three points explaining why juveniles are less culpable than adults:

1. Juveniles' "lack of maturity and underdeveloped sense of responsibility" effects their decision making. Kennedy quotes from a study about adolescent behavior stating "adolescents are overrepresented statistically in virtually every category of reckless behavior".
2. Juveniles are more vulnerable to negative influences and outside pressures, including peer pressure. Kennedy says the circumstances of youth contribute to a juvenile's vulnerability. He cites Steinberg & Scott for the point that "legal minors lack the freedom that adults have to extricate them from a criminogenic setting".
3. Juveniles have more capacity to reform because their identities are less fixed than adults.

The Court concludes that the death penalty is excessive when imposed on juveniles because retribution against a class of offenders with dimished culpability is an inappropriate legislative purpose:

Retribution is not proportional if the law's most severe penalty is imposed on one whose culpability or blameworthiness is diminished, to a substantial degree, by reason of youth and immaturity.

The Court notes the "absence of evidence of deterrent effect". The majority reasons that adolescents are not likely to be deterred, quoting from the Thompson plurality opinion to explain that imposing the death penalty would not serve a deterrent purpose for a class of prisoners who were unlikely to engage in "the kind of cost benefit analysis that attaches any weight to the possibility of execution".

Finally, Justice Kennedy supports the Court's decision by looking to trends in other countries. He says the United States "stands alone in a world that has turned its face against the juvenile death penalty", but admits this fact is "not controlling":

The opinion of the world community, while not controlling outcome, does provide respected and significant confirmation for our own conclusions.

The Court takes note of the fact that only Somalia and the United States had not ratified Article 37 of the United Nations Convention on the Rights of the Child. Justice Kennedy says the United Kingdom's abolition of the juvenile death penalty (and subsequent abolition of the death penalty in general) "bears particular relevance here in light of the historic ties between our countries".

Dissents

The dissents questioned the majority's finding that a "national consensus" had formed, its methodology and the propriety of basing Constitutionsl interpretation on foreign laws.

Scalia dissent

Justice Scalia wrote a dissent joined by Chief Justice Rehnquist and Justice Thomas.

Justice Scalia's primary objection was that "the real driving force" of the majority's analysis was "the Court's own judgment" about deterrence and retribution. Scalia said sentencing decisions made by juries were based on the circumstances of each case. He critcized the majority's finding of a "national consensus" when more than half the states that allowed capital punishments also allowed the sentence to be imposed on juveniles.

In addition, Justice Scalia also objected in general to the Court's willingness to take guidance from foreign law in interpreting the Constitution:

Though the views of our own citizens are essentially irrelevant to the Court's decision today, the views of other countries and the so-called international community take center stage

He accused the majority of invoking foreign law selectively. He said the majority had taken it upon themselves to "ratify treaties on behalf of the United States" that were expressly rejected by the political branches.

Scalia also attacked the majority opinion as being fundamentally antidemocratic. His dissent cited a passage from The Federalist Papers in arguing that the role of the judiciary in the constitutional scheme is to interpret the law as formulated in democratically selected legislatures. He argued that it is for the legislature, acting in the manner prescribed in Article V of the Constitution to offer amendments to the Constitution in light of the evolving standard of decency, not for the Court to make what he considered de facto amendments.

O'Connor dissent

Justice O'Connor agreed with the Court's general methodology but disputed the majority's conclusions. She said the objective evidence for a national consensus was "weaker than in most prior cases in which the Court has struck down a particular punishment". Furthermore, she was skeptical of the Court's conclusion about diminished culpability for those who committed crimes before they turned 18 because the "mitigating characteristics associated with youth [did] not justify an absolute age limit".

Implications

Pre-Roper minimum ages for executions by state

  No capital punishment

  Minimum age of 18

  Minimum age of 17

  Minimum age of 16

Impact on other death row prisoners

In addition to striking down the death sentence of Christopher Simmons, the Supreme Court's decision in Roper v. Simmons also canceled the death sentences of 72 others for crimes they committed while younger than age 18. The greatest effects were in Texas, where 29 juvenile offenders were awaiting execution, and in Alabama, where 13 on death row had been sentenced as juveniles. No other state had more than five such offenders on death row.

Prior to the Roper decision, there had been 22 executions since 1976 of individuals who were juveniles at the time they committed the crime; 13 were in Texas.

In Ex parte Adams, the Supreme Court of Alabama remanded the death sentence of a juvenile for a rehearing in the lower court in light of the Roper decision, which was released while the Adams case was pending appeal. Justice Tom Parker, who had participated in the prosecution of the case, recused himself. He published an op-ed in The Birmingham News to criticize his non-recused colleagues for their decision. Justice Parker wrote that "State supreme courts may decline to follow bad U.S. Supreme Court precedents because those decisions bind only the parties to the particular case".

Constitutional jurisprudence

The majority ruling highlighted several controversies in the field of constitutional jurisprudence. The first is the use of the concept of an evolving "national consensus" to allow for the re-interpretation of previous rulings. In this case, the evolving consensus was influenced by behavioral and other research studies, such as those presented to the court in an amicus brief by the American Psychological Association. What constitutes evidence for such a consensus—and from where the judicial branch derives its authority to determine it and implement it into law, a function constitutionally vested in the legislative branch, especially in the case of capital punishment—is unclear at this point. In Roper v. Simmons the majority cited the abolishment of juvenile capital punishment in 30 states (18 of the 38 allowing capital punishment) as evidence of such a consensus. In Atkins v. Virginia, it was the "consensus" of the 30 states (18 of 38 allowing capital punishment) that had banned execution of the mildly disabled.

Another controversy is the role of foreign laws and norms in the interpretation of U.S. law. In 2004 Representative Tom Feeney (R-FL) introduced a non-binding resolution instructing the judiciary to ignore foreign precedent when making their rulings: "This resolution advises the courts they are no longer engaging in 'good behavior' in the meaning of the Constitution and they may subject themselves to the ultimate remedy, which would be impeachment."

Beltway sniper case

See also: D.C. sniper attacks

The implications of this ruling were immediately felt in the State of Virginia, where Lee Boyd Malvo became no longer eligible for the death penalty for his role in the Beltway sniper attacks in October 2002. At the time of the attacks, Malvo was 17 years old. Malvo had already been spared the death penalty in his first trial for the murder of FBI employee Linda Franklin in Falls Church, Virginia, and had pleaded guilty in another case in Spotsylvania County; however, he had yet to face trial in Prince William County, Virginia, as well as in Washington, D.C., Washington state, Texas, Maryland, Louisiana, California, Arizona and Alabama. In light of this Supreme Court decision, the prosecutors in Prince William County decided not to pursue the charges against Malvo. At the outset of the Beltway sniper prosecutions, the primary reason for extraditing the two suspects from Maryland, where they were arrested, to Virginia, was the difference in how the two states deal with the death penalty. While the death penalty was allowed in Maryland, it was only applied to persons who were adults at the time of their crimes, whereas Virginia had also allowed the death penalty for offenders who had been juveniles when their crimes were committed.

Subsequent developments

The State of Alabama sought review in the U.S. Supreme Court, raising a single issue, "Whether this Court should reconsider its decision in Roper v. Simmons, 543 U.S. 551 (2005)". The Supreme Court denied certiorari (i.e., declined to take the case for review) on June 19, 2006, without a published dissent.

See also

• Kennedy v. Louisiana (2008)
• Graham v. Florida (2010)
• Miller v. Alabama (2012)
• Capital punishment for juveniles in the United States

Further reading

• Lane, Charles (March 2, 2005) 5-4 Supreme Court Abolishes Juvenile Executions The Washington Post, p. A01.
• Boorstein, Michelle (October 27, 2004) Malvo Gets Two More Life Terms, Teen Sniper Enters Plea In Spotsylvania Attacks The Washington Post, p. B01.
• Wayne A. Logan, Proportionality and Punishment: Imposing Life without Parole on Juveniles, 33 Wake Forest L. Rev. 681 (1998).
• Hillary J. Massey, Disposing of Children: The Eighth Amendment and Juvenile Life without Parole after Roper, 47 B.C.L. Rev. 1083 (2006).
• Death Penalty Information Center – Juvenile Offenders Who Were On Death Row

External links

• Text of Roper v. Simmons, 543 U.S. 551 (2005) is available from: Cornell  CourtListener  Google Scholar  Justia  Oyez (oral argument audio)  Supreme Court (slip opinion) (archived) 
• Transcript of Oral Argument, Roper v. Simmons, October 13, 2004
• Petition for a Writ of Certiorari, October 24, 2003
• Brief of Petitioner, Donald P. Roper, April 20, 2004
• Reply Brief of Petitioner, Donald P. Roper, September 7, 2004
• Brief of Respondent, Christopher Simmons, July 19, 2004