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Death
Penalty in America, Legal Studies 485, Spring 2003 |
Thompson V. Oklahoma, 487 U.S. 815, 108 S. Ct. 2687, 101 L. Ed. 2d 702 (1988) [Most citations and footnotes omitted]
OPINION: JUSTICE STEVENS announced the judgment of the Court and delivered an opinion in which JUSTICE BRENNAN, JUSTICE MARSHALL, and JUSTICE BLACKMUN join.
Petitioner
was convicted of first-degree murder and sentenced to death. The
principal question presented is whether the execution of that
sentence would violate the constitutional prohibition against the
infliction of "cruel and unusual punishments" because petitioner was
only 15 years old at the time of his offense. n1
[n1 The Eighth Amendment provides: "Excessive bail shall
not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted." This proscription must be observed by the
States as well as the Federal Government.]
Because there is no claim that the punishment would be excessive if
the crime had been committed by an adult, only a brief statement of
facts is necessary. In concert with three older persons, petitioner
actively participated in the brutal murder of his former
brother-in-law in the early morning hours of January 23, 1983. The
evidence disclosed that the victim had been shot twice, and that his
throat, chest, and abdomen had been cut. He also had multiple bruises
and a broken leg. His body had been chained to a concrete block and
thrown into a river where it remained for almost four weeks. Each of
the four participants was tried separately and each was sentenced to
death.
Because petitioner was a "child" as a matter of Oklahoma law, n2 the
District Attorney
[n2 Oklahoma Stat., Tit. 10, § 1101(1) (Supp. 1987) provides:
"'Child' means any person under eighteen (18)
years of age, except for any person sixteen (16) or seventeen (17)
years of age who is charged with murder, kidnapping for purposes of
extortion, robbery with a dangerous weapon, rape in the first degree,
use of a firearm or other offensive weapon while committing a felony,
arson in the first degree, burglary with explosives, shooting with
intent to kill, manslaughter in the first degree, or nonconsensual
sodomy." ]
filed a statutory petition, see Okla. Stat., Tit. 10, § 1112(b)
(1981), seeking an order finding "that said child is competent and
had the mental capacity to know and appreciate the wrongfulness of
his [conduct]." After a hearing, the trial court concluded
"that there are virtually no reasonable prospects for rehabilitation
of William Wayne Thompson within the juvenile system and that William
Wayne Thompson should be held accountable for his acts as if he were
an adult and should be certified to stand trial as an adult." . .
.
At the penalty phase of the trial, the prosecutor asked the jury to
find two aggravating circumstances: that the murder was especially
heinous, atrocious, or cruel; and that there was a probability that
the defendant would commit criminal acts of violence that would
constitute a continuing threat to society. The jury found the first,
but not the second, and fixed petitioner's punishment at death. The
Court of Criminal Appeals affirmed the conviction and sentence, 724
P. 2d 780 (1986). . .
We granted certiorari to consider whether a sentence of death is
cruel and unusual punishment for a crime committed by a 15-year-old
child, as well as . . .
II.
The authors of the Eighth Amendment drafted a categorical prohibition
against the infliction of cruel and unusual punishments, but they
made no attempt to define the contours of that category. They
delegated that task to future generations of judges who have been
guided by the "evolving standards of decency that mark the progress
of a maturing society." Trop v. Dulles, 356 U.S. 86, 101
(1958).
In performing that task the Court has reviewed the work product of
state legislatures and sentencing juries, and has carefully
considered the reasons why a civilized society may accept or reject
the death penalty in certain types of cases. Thus, in confronting the
question whether the youth of the defendant -- more specifically, he
fact that he was less than 16 years old at the time of his offense --
is a sufficient reason for denying the State the power to sentence
him to death, we first review relevant legislative enactments, then
refer to jury determinations, and finally explain why these
indicators of contemporary standards of decency confirm our judgment
that such a young person is not capable of acting with the degree of
culpability that can justify the ultimate penalty.
III.
Justice Powell has repeatedly reminded us of the importance of "the
experience of mankind, as well as the long history of our law,
recognizing that there are differences which must be accommodated in
determining the rights and duties of children as compared with those
of adults. Examples of this distinction abound in our law: in
contracts, in torts, in criminal law and procedure, in criminal
sanctions and rehabilitation, and in the right to vote and to hold
office." Goss v. Lopez, 419 U.S. 565, 590-591 (1975)
(dissenting opinion).
Oklahoma recognizes this basic distinction in a number of its
statutes. Thus, a minor is not eligible to vote, to sit on a jury, to
marry without parental consent, or to purchase alcohol or cigarettes.
Like all other States, Oklahoma has
developed a juvenile justice system in which most offenders
under the age of 18 are not held criminally responsible. Its statutes
do provide, however, that a 16- or 17-year-old charged with murder
and other serious felonies shall be considered an adult.
Other than the special certification procedure that was used to
authorize petitioner's trial in this case "as an adult," apparently
there are no Oklahoma statutes, either civil or criminal, that treat
a person under 16 years of age as anything but a "child." The line
between childhood and adulthood is drawn in different ways by various
States. There is, however, complete or near unanimity among all 50
States and the District of Columbia in treating a person under 16 as
a minor for several important purposes.
In no State may a 15-year-old vote or serve on a jury. Further, in
all but one State a 15-year-old may not drive without parental
consent, and in all but four States a 15-year-old may not marry
without parental consent. Additionally, in those States that have
legislated on the subject, no one underage 16 may purchase
pornographic materials (50 States), and in most States that have some
form of legalized gambling, minors are not permitted to participate
without parental consent (42 States). Most relevant, however, is the
fact that all States have enacted legislation designating the maximum
age for juvenile court jurisdiction at no less than 16.All of this
legislation is consistent with the experience of mankind, as well as
the long history of our law, that the normal 15-year-old is not
prepared to assume the full responsibilities of an adult.
Most state legislatures have not expressly confronted the question of
establishing a minimum age for imposition of the death penalty. In 14
States, capital punishment is not authorized at all, and in 19 others
capital punishment is authorized but no minimum age is expressly
stated in the death penalty statute. One might argue on the basis of
this body of legislation that there is
no chronological age at which the imposition of the death penalty is
unconstitutional and that our current standards of decency would
still tolerate the execution of 10-year-old children. We think it
self-evident that such an argument is unacceptable: indeed, no such
argument has been advanced in this case.
If, therefore, we accept the premise that some offenders are simply
too young to be put to death, it is reasonable to put this group of
statutes to one side because they do not focus on the question of
where the chronological age line should be drawn. When we confine our
attention to the 18 States that have expressly established a minimum
age in their death penalty statutes, we find that all of them require
that the defendant have attained at least the age of 16 at the time
of the capital offense.
The conclusion that it would offend civilized standards of decency to
execute a person who was less than 16 years old at the time of his or
her offense is consistent with the views that have been expressed by
respected professional organizations, by other nations that share our
Anglo-American heritage, and by the leading members of the Western
European community. Thus, the American bar Association and the
American Law Institute have formally expressed their opposition to
the death penalty for juveniles. Although the death penalty has not
been entirely abolished in the United Kingdom or New Zealand (it has
been abolished in Australia, except in the State of New South Wales,
where it is available for treason and piracy), in neither of those
countries may a juvenile be executed. The death penalty has been
abolished in West Germany, France, Portugal, The Netherlands, and all
of the Scandinavian countries, and is available only for exceptional
crimes such as treason in Canada, Italy, Spain, and Switzerland.
Juvenile executions are also prohibited in the Soviet Union.
IV.
The second societal factor the Court has examined in determining the
acceptability of capital punishment to the American sensibility is
the behavior of juries. In fact, the infrequent and haphazard handing
out of death sentences by capital juries was a prime factor
underlying our judgment in Furman v. Georgia, 408 U.S. 238
(1972), that the death penalty, as then administered in unguided
fashion, was unconstitutional.
While it is not known precisely how many persons have been executed
during the 20th century for crimes committed under the age of 16, a
scholar has recently compiled a table revealing this number to be
between 18 and 20. All of these occurred during the first half of the
century, with the last such execution taking place apparently in
1948. In the following year this Court
observed that this "whole country has traveled far from the period in
which the death sentence was an automatic and commonplace result of
convictions . . . ." Williams v. New York, 337 U.S. 241, 247
(1949).
The road we have
traveled during the past four decades -- in which thousands of juries
have tried murder cases -- leads to the unambiguous conclusion that
the imposition of the death penalty on a 15-year-old offender is now
generally abhorrent to the conscience of the community. Department of
Justice statistics indicate that during the years 1982 through 1986
an average of over 16,000 persons were arrested for willful criminal
homicide (murder and nonnegligent manslaughter) each year. Of that
group of 82,094 persons, 1,393 were sentenced to death. Only 5 of
them, including the petitioner in this case, were less than 16 years
old at the time of the offense. Statistics of this kind can, of
course, be interpreted in different ways, but they do suggest that
these five young offenders have received sentences that are "cruel
and unusual in the same way that being struck by lightning is cruel
and unusual." Furman v. Georgia, 408 U.S., at 309 (Stewart,
J., concurring).
V.
"Although the judgments of legislatures, juries, and prosecutors
weigh heavily in the balance, it is for us ultimately to judge
whether the Eighth Amendment permits imposition of the death penalty"
on one such as petitioner who committed a heinous murder when he was
only 15 years old. Enmund v. Florida, 458 U.S. 782, 797
(1982). In making that judgment, we first ask whether the juvenile's
culpability should be measured by the same standard as that of an
adult, and then consider whether the application of the death penalty
to this class of offenders "measurably contributes" to the social
purposes that are served by the death penalty. Id., at
798.
It is generally agreed "that punishment should be directly related to
the personal culpability of the criminal defendant." California v.
Brown, 479 U.S. 538, 545 (1987) (O'CONNOR, J., concurring). There
is also broad agreement on the proposition that adolescents as a
class are less mature and responsible than adults. We stressed this
difference in explaining the importance of treating the defendant's
youth as a mitigating factor in capital cases: "But youth is more
than a chronological fact. It is a time and condition of life when a
person may be most susceptible to influence and to psychological
damage. Our history is replete with laws and judicial recognition
that minors, especially in their earlier years, generally are less
mature and responsible than adults. Particularly 'during the
formative years of childhood and adolescence, minors often lack the
experience, perspective, and judgment' expected of adults.
Bellotti v. Baird, 443 U.S. 622, 635 (1979)." Eddings v.
Oklahoma, 455 U.S. 104, 115-116 (1982) (footnotes omitted).
To add further emphasis
to the special mitigating force of youth, Justice Powell quoted the
following passage from the 1978 Report of the Twentieth Century Fund
Task Force on Sentencing Policy Toward Young Offenders:
"'[A]dolescents, particularly in the early and middle teen
years, are more vulnerable, more impulsive, and less self-disciplined
than adults. Crimes committed by youths may be just as harmful to
victims as those committed by older persons, but they deserve less
punishment because adolescents may have less capacity to control
their conduct and to think in long-range terms than adults. Moreover,
youth crime as such is not exclusively the offender's fault; offenses
by the young also represent a failure of family, school, and the
social system, which share responsibility for the development of
America's youth.'" 455 U.S., at 115, n. 11.
Thus, the Court has already endorsed the proposition that less
culpability should attach to a crime committed by a juvenile than to
a comparable crime committed by an adult. The basis for this
conclusion is too obvious to require extended explanation.
Inexperience, less education, and less intelligence make the teenager
less able to evaluate the consequences of his or her conduct while at
the same time he or she is much more apt to be motivated by mere
emotion or peer pressure than is an adult. The reasons why juveniles
are not trusted with the privileges and responsibilities of an adult
also explain why their irresponsible conduct is not as morally
reprehensible as that of an adult.
"The death penalty is said to serve two principal social purposes:
retribution and deterrence of capital crimes by prospective
offenders." Gregg v. Georgia, 428 U.S. 153, 183 (1976) (joint
opinion of Stewart, Powell, and STEVENS, JJ.). In Gregg we
concluded that as "an expression of society's moral outrage at
particularly offensive conduct," retribution was not "inconsistent
with our respect for the dignity of men." Ibid. Given the
lesser culpability of the juvenile offender, the teenager's capacity
for growth, and society's fiduciary obligations to its children, this
conclusion is simply inapplicable to the execution of a 15-year-old
offender.
For such a young offender, the deterrence rationale is equally
unacceptable. The Department of Justice statistics indicate that
about 98% of the arrests for willful homicide involved persons who
were over 16 at the time of the offense. Thus, excluding younger
persons from the class that is eligible for the death penalty will
not diminish the deterrent value of capital punishment for the vast
majority of potential offenders. And even with respect to those under
16 years of age, it is obvious that the potential deterrent value of
the death sentence is insignificant for two reasons. The likelihood
that the teenage offender has made the kind of cost-benefit analysis
that attaches any weight to the possibility of execution is so remote
as to be virtually nonexistent. And, even if one posits such a
cold-blooded calculation by a 15-year-old, it is fanciful to believe
that he would be deterred by the knowledge that a small number of
persons his age have been executed during the 20th century.
In short, we are not persuaded
that the imposition of the death penalty for offenses committed by
persons under 16 years of age has made, or can be expected to make,
any measurable contribution to the goals that capital punishment is
intended to achieve. It is, therefore, "nothing more than the
purposeless and needless imposition of pain and suffering," Coker
v. Georgia, 433 U.S., at 592, and thus an unconstitutional
punishment.
VI .
Petitioner's counsel and various amici curiae have asked us to
"draw a line" that would prohibit the execution of any person who was
under the age of 18 at the time of the offense. Our task today,
however, is to decide the case before us; we do so by concluding that
the Eighth and Fourteenth Amendments prohibit the execution of a
person who was under 16 years of age at the time of his or her
offense.
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