School Climate & Safety

Court Strikes Down Death Penalty for Juveniles

By Christina A. Samuels — March 08, 2005 2 min read
  • Save to favorites
  • Print

The U.S. Supreme Court last week struck down the death penalty for juvenile offenders, saying that both a national consensus and research on the adolescent brain make it “misguided to equate the failings of a minor with those of an adult.”

The 5-4 decision on March 1 overturned a 1989 Supreme Court ruling that upheld the constitutionality of executing those who were under age 18 at the time of their crimes.

“A greater possibility exists that a minor’s character deficiencies will be reformed,” Justice Anthony M. Kennedy said in the majority opinion. Twenty-two people who were juveniles at the time of their crimes have been executed since the death penalty was reinstated in the 1970s. The ruling will commute the death sentences of 72 people.

The decision came in the appeal of a Missouri death sentence against Christopher Simmons, who was convicted of throwing a woman, bound and gagged, into a river after burglarizing her home in 1993. Mr. Simmons, a 17-year-old high school junior at the time of the offense, had assured his friends they would be able to “get away” with the burglary and murder because they were juveniles, according to court papers.

Justice Kennedy described two foundations for the ruling in Roper v. Simmons.

Many states have already decided not to subject juvenile offenders to the death penalty, he noted. The high court took such “evolving standards of decency” into consideration when it struck down the death penalty for offenders with mental retardation in the case of Atkins v. Virginia in 2002.Eighteen states with the death penalty do not allow that punishment for juveniles; 12 states and the District of Columbia do not have the death penalty at all, Justice Kennedy pointed out.

Justice Kennedy then turned to research to reinforce the court’s view that juvenile offenders are immature and more susceptible than adults to negative influences and outside pressure.

“Once the diminished culpability of juveniles is recognized, it is evident that the penological justifications for the death penalty apply to them with lesser force than to adults,” he wrote.

The ruling also noted that the United States “is the only country in the world that continues to give official sanction to the juvenile death penalty,” Justice Kennedy wrote. He was joined in the majority by Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer.

Fundamentally Different

Writing in dissent, Justice Antonin Scalia said that the majority’s finding of a national consensus was made “on the flimsiest of grounds.” In an opinion joined by Chief Justice William H. Rehnquist and Justice Clarence Thomas, Justice Scalia said the idea that American law must conform to international legal norms should be rejected.

“To invoke alien law when it agrees with one’s own thinking, and ignore it otherwise, is not reasoned decisionmaking, but sophistry,” Justice Scalia wrote.

Justice Sandra Day O’Connor wrote her own dissenting opinion, saying that no national consensus exists on the issue.

A version of this article appeared in the March 09, 2005 edition of Education Week as Court Strikes Down Death Penalty for Juveniles

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
Smarter Tools, Stronger Outcomes: Empowering CTE Educators With Future-Ready Solutions
Open doors to meaningful, hands-on careers with research-backed insights, ideas, and examples of successful CTE programs.
Content provided by Pearson
School Climate & Safety Webinar Strategies for Improving School Climate and Safety
Discover strategies that K-12 districts have utilized inside and outside the classroom to establish a positive school climate.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Decision Time: The Future of Teaching and Learning in the AI Era
The AI revolution is already here. Will it strengthen instruction or set it back? Join us to explore the future of teaching and learning.
Content provided by HMH

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

School Climate & Safety Informal Classroom Discipline Is Hard to Track, Raising Big Equity Concerns
Without adequate support, teachers might resort to these tactics to circumvent prohibitions on suspensions.
5 min read
Image of a student sitting outside of a doorway.
DigitalVision
School Climate & Safety Officer's Acquittal Brings Uvalde Attack's Other Criminal Case to the Forefront
Legal experts say that prosecutors will likely consider changes to how they present evidence and witness testimony.
4 min read
Former Uvalde school district police officer Adrian Gonzales, left, talks to his defense attorney Nico LaHood during a break on the 10th day of his trial at Nueces County Courthouse in Corpus Christi, Texas, Tuesday, Jan. 20, 2026.
Former Uvalde school district police officer Adrian Gonzales, left, talks to his defense attorney Nico LaHood during a break on the 10th day of his trial at Nueces County Courthouse in Corpus Christi, Texas, Tuesday, Jan. 20, 2026. Jurors found Gonzales not guilty.
Sam Owens/Pool
School Climate & Safety Tracker School Shootings This Year: How Many and Where
Education Week is tracking K-12 school shootings in 2026 with injuries or deaths. See the number of incidents and where they occurred.
3 min read
Sign indicating school zone.
iStock/Getty
School Climate & Safety School Shootings in 2025: The Fewest Incidents and Deaths in 5 Years
The overall number of U.S. school shootings was lower than in any year since 2020.
2 min read
A mother holds her children at the memorial outside Annunciation Catholic Church after Wednesday's shooting, Sunday, Aug. 31, 2025, in Minneapolis.
A mother holds her children at a memorial outside Annunciation Catholic Church following the Aug. 27 shooting at the Minneapolis Catholic school. The shooting, in which two children died and 21 people were injured, was the largest school shooting of 2025, a year during which there were fewer school shootings than in any year since 2020.
Ellen Schmidt/AP