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Why The Evolving Standards Of Decency Will Spare Juveniles

© Glenn Arnold

In the 2003 case Simmons v. Roper, the Missouri Supreme Court overturned a death sentence for a man who committed his crime as a juvenile. The court ruled that a national consensus had developed against the execution of juveniles, and that "the execution of persons for crimes committed when they were under 18 years of age violates the evolving standards of decency that mark the progress of a maturing society."

The case was immediately appealed to the United States Supreme Court and, earlier this year, the Supreme Court accepted the case. By agreeing to take on Simmons v. Roper, the Supreme Court is preparing for a landmark ruling on the issue of executing juveniles.

Although both pro- and anti-death penalty advocates believe the upcoming Supreme Court ruling will be in their favor, only those opposed to capital punishment will be pleased. Because of the so-called "evolving standards of decency," the Supreme Court will uphold Missouri's decision in Simmons v. Roper.

In 2002, the Supreme Court ruled in Atkins v. Virginia that executing the mentally retarded was in violation of the 8th Amendment of the Constitution (deemed "cruel and unusual punishment"). Much of this ruling revolved around these evolving standards of decency. Similarly, in the decision to overturn the death sentence in Simmons v. Roper, the Missouri Supreme Court applied the evolving standards of decency test that the U.S. Supreme Court had used. This test is based on four areas of consideration, which are recent changes in state laws, the opinions of national and international organizations, jury sentencing figures, and independent analysis by the court. In using these four test considerations in Simmons v. Roper, the Supreme Court will rule that executing juveniles is unconstitutional.

In looking at current trends in state legislatures, it is easy to see how the states have shied away from the juvenile death penalty. Since 1988, five states have banned the practice altogether. Overall, 28 states have enacted laws forbidding the death penalty for those under the age of eighteen. By comparison, the Supreme Court overturned the death penalty for the mentally retarded once 30 states had outlawed the practice.

National and international pressure has increased in the past few years from a variety of organizations that the Supreme Court highly respects. Nationally, groups such as the American Bar Association and the American Law Institute have spoken out against the juvenile death penalty. In the international arena, the United Nations, Amnesty International, and the International Human Rights Law Group have all expressed their opposition. Also, the death penalty for juveniles violates 7 international human rights agreements and is forbidden in more than 95% of the world's nations.

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