Powerpoint accompanying research paper

1. {
Roper v. Simmons
2005: The End Of Juvenile Executions

2. Justice Felix Frankfurter
“It is a fair summary of our Constitutional history
that the landmarks of our liberties have been
forged in cases by not very nice people.”

3. Christopher Simmons

4. Committed by two friends, 17 and 15 year-old
high school students in Missouri, 1993.
Simmons and accomplice Charles Benjamin
broke into Shirley Crook’s home after 2 A.M.
They covered her eyes and mouth with duct tape,
bound her hands, and transported the victim in
her minivan to a nearby state park.
The Crime

5. Brought to a railroad
trestle, Shirley Crook was
further bound with
electrical wire.

6. Her entire face was covered in duct tape, her
existing bonds reinforced, and she was pushed
off the bridge. She drowned. Her body was
recovered the next morning in the Meramec River
by fishermen. Her husband, gone on a hunting
trip, reported her missing. The body found was
identified as being Shirley Crook, 46 years old.
Wife, Mother, Murder
Victim: Shirley Crook

7. Picked up for questioning at his high school,
Simmons confessed in a two -hour interrogation
and participated in a videotaped re-enactment of
the murder.
Due to the serious nature of the crime (a felony
capital crime) both defendants were remanded to
the criminal, not juvenile, justice system in
Missouri.
Felony Murder Charge

8. Capital Crime: Murder
with aggravating factors;
i.e. occurred during the
commission of another
crime such as robbery and
may result in death
penalty

10. Conviction, Sentencing…

11. Appeals

12. The Missouri Supreme
Court, based on federal
SC Atkins ruling, declared
execution of juvenile
offenders unconstitutional

13. Christopher Simmons is
released from death row;
case is appealed to U.S.A.
Supreme Court…

14. 20 states in 2005 allowed
juveniles ages 16-17 to be
executed. This would be
the test case if the practice
would continue…or end.

15. 940 × 697 - ffrf.org
Supreme Court Decides

16. Related Case law:
Thompson v. Oklahoma (1988)
Stanford v. Kentucky (1989)
Atkins v. Virginia (2003)
“Evolving Standards of
Decency”…Stanford
retains status quo

17. “Excessive bail shall not be required, nor
excessive fines imposed, nor cruel or unusual
punishments imposed.”
8th amendment, re: cruel
and unusual punishment

18. Majority Decision: written
by Justice Kennedy…

19. Affirms Missouri Supreme
Court Ruling: Juveniles
aged 16-17 exempt from
capital crime death
penalty

20. -Consensus against (30 states prohibit; 20 allow)
-Juveniles less culpable for crimes because society
views them lacking full autonomy
(cited: draft registration and voting at 18)
-Already banned for those under 16
-International law opposes death penalty
Reasoning

21. -Lack of maturity and responsibility
-Susceptibility of juveniles to negative influences
-character of juvenile not well-formed
Kennedy: Three
Differences Between
Juveniles and Adults

22. Kennedy Says: Deterrence
less likely to appeal to
juvenile reasoning

23.  In Simmons’ original criminal trial, testimony
was admitted from a witness that he urged his
friends to perpetrate the burglary/murder with
him because “we’re juveniles and we’ll get
away with it.”
Arguments Against

24. -Juveniles can drive at age 16
-Consensus Opinion: Tyranny of the Majority?
-International law non-applicable in U.S.
-At what age do we know right from wrong?
-Lack of understanding on brain functioning; lack of
proof that juveniles are incapable of executive
functioning
-Is it appropriate to compare between clinical mental
retardation and mental functioning of average
teenager?
-Infringement on statutory criminal legislation and
sentencing at state level
When Does A “Special
Category” End?

26. Pat Berrigan, attorney representing Christopher
Simmons, upon his receiving the news of the
Supreme Court’s decision
“I think he sees some of
God’s work in this result.”