Donald P. Roper, Superintendent, Potosi Correctional Center v. Christopher Simmons (543 U.S. 551)
U.S. Supreme Court · decided March 1, 2005 · Supreme Court Database (Spaeth)
- Citation
- 543 U.S. 551 · 125 S. Ct. 1183
- Decided
- March 1, 2005
- Term
- October Term 2004
- Vote
- 5–4
- Majority author
- Justice Kennedy
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
- Constitutional ruling
- State/territorial law held unconstitutional
Opinion excerpt
Justice Kennedy delivered the opinion of the Court. This case requires us to address, for the second time in a decade and a half, whether it is permissible under the Eighth and Fourteenth Amendments to the Constitution of the United States to execute a juvenile offender who was older than 15 but younger than 18 when he committed a capital crime. In Stanford v. Kentucky, 492 U. S. 361 (1989), a divided Court rejected the proposition that the Constitution bars capital punishment for juvenile offenders in this age group. We reconsider the question. I At the age of 17, when he was still a junior in high school, Christopher Simmons, the respondent here, committed murder. About nine months later, after he had turned 18, he was tried and sentenced to death. There is little doubt that Simmons was the instigator of the crime. Before its commission Simmons said he wanted to murder someone. In chilling, callous terms he talked about his plan, discussing it for the most part with two friends, Charles Benjamin and John Tessmer, then aged 15 and 16 respectively. Simmons proposed to commit burglary and murder by breaking and entering, tying up a victim, and throwing the victim off a bridge. Simmons assured his friends they could “get away with it” because they were minors. The three met at about 2 a.m. on the night of the murder, but Tessmer left before the other two set out. (The State…
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