Juvenile Death Penalty Legal History and Evolution

This set of flashcards covers the historical and jurisprudential evolution of the juvenile death penalty in the United States, including major Supreme Court cases, key justifications, and emerging legal standards regarding juvenile sentencing.

Evolving standards of decency

The principle used by the Supreme Court to interpret the Eighth Amendment's prohibition on cruel and unusual punishment, reflecting the progress of a maturing society.

Thomas Graunger

The first recorded execution of a juvenile in the United States, occurring in Plymouth Colony, Massachusetts, for the crime of bestiality at age 16.

Objective factors

The specific indicators favored by conservative Justices—primarily state legislation and jury sentencing practices—used to determine contemporary standards of decency.

Thompson v. Oklahoma (1988)

The Supreme Court case that ruled the execution of juveniles who committed their crime at age 15 or younger constitutes cruel and unusual punishment.

Justice Sandra Day O’Connor

The Justice who provided a concurring opinion in Thompson v. Oklahoma, arguing that the Court cannot assume a state intends to execute 15-year-olds if no minimum age is statutorily established.

Stanford v. Kentucky (1989)

The Supreme Court case that held the death penalty was not cruel and unusual punishment for individuals who committed their crimes at age 16 or 17.

Wilkins v. Missouri (1989)

A companion case to Stanford v. Kentucky involving a 16-year-old offender, often referred to collectively as the Stanford case because they shared the same ruling.

Justice Antonin Scalia

The Justice who wrote the majority opinion in Stanford v. Kentucky, emphasizing that evolving standards should be based on state statutes and jury practices rather than the views of professional or international groups.

Atkins v. Virginia

The 2002 case that deemed it unconstitutional to execute mentally retarded offenders, which provided a legal and logical framework for the later decision in Roper v. Simmons.

Roper v. Simmons (2005)

The authoritative Supreme Court decision that prohibited the death penalty for all offenders who committed their crimes prior to the age of 18, overturning Stanford v. Kentucky.

Christopher Simmons

The 17-year-old petitioner in Roper v. Simmons who was convicted of murdering Shirley Crook by throwing her off a bridge into the Meramec River.

Justice Anthony Kennedy

The Justice who wrote the majority opinion in Roper v. Simmons and provided the critical swing vote in Graham v. Florida.

Article 37 of the United Nations Convention on the Rights of the Child

An international treaty ratified by every country except the United States and Somalia that rejects the death penalty for juveniles.

Graham v. Florida (2010)

The Supreme Court case ruling that sentencing juveniles to life without parole ($LWOP$) for nonhomicide offenses violates the Eighth Amendment.

Miller v. Alabama (2012)

The Supreme Court case that struck down mandatory life without parole sentences for juveniles, requiring courts to consider mitigating factors like age and background before such a sentence.

Cold cognition

The scientific concept that an adolescent's intelligence and reasoning abilities are similar to those of adults by the age of 16.

Hot cognition

The tendency of juveniles to exercise poor judgment as a result of peer pressure or when facing stressful situations.

Penological goals

The social purposes of the death penalty—specifically retribution and deterrence—which the Court argued are not effectively served when applied to juvenile offenders.