OPINION OF THE COURT
ROPER V. SIMMONS
543 U. S. ____ (2005)
SUPREME COURT OF THE UNITED STATES
NO. 03-633
DONALD P. ROPER, SUPERINTENDENT, POTOSI
CORRECTIONAL CENTER, PETITIONER
v. CHRISTOPHER SIMMONS
on writ of certiorari to the supreme court of
missouri
[March 1, 2005]
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 later charged Tessmer with conspiracy, but dropped
the charge in exchange for his testimony against Simmons.) Simmons
and Benjamin entered the home of the victim, Shirley Crook, after
reaching through an open window and unlocking the back door.
Simmons turned on a hallway light. Awakened, Mrs. Crook called out,
“Who’s there?” In response Simmons entered Mrs. Crook’s bedroom,
where he recognized her from a previous car accident involving them
both. Simmons later admitted this confirmed his resolve to murder
her.
Using duct tape to cover her eyes and mouth
and bind her hands, the two perpetrators put Mrs. Crook in her
minivan and drove to a state park. They reinforced the bindings,
covered her head with a towel, and walked her to a railroad trestle
spanning the Meramec River. There they tied her hands and feet
together with electrical wire, wrapped her whole face in duct tape
and threw her from the bridge, drowning her in the waters
below.
By the afternoon of September 9, Steven Crook
had returned home from an overnight trip, found his bedroom in
disarray, and reported his wife missing. On the same afternoon
fishermen recovered the victim’s body from the river. Simmons,
meanwhile, was bragging about the killing, telling friends he had
killed a woman “because the bitch seen my face.”
The next day, after receiving information of
Simmons’ involvement, police arrested him at his high school and
took him to the police station in Fenton, Missouri. They read him
his
Miranda rights. Simmons waived his right to an
attorney and agreed to answer questions. After less than two hours
of interrogation, Simmons confessed to the murder and agreed to
perform a videotaped reenactment at the crime scene.
The State charged Simmons with burglary,
kidnaping, stealing, and murder in the first degree. As Simmons was
17 at the time of the crime, he was outside the criminal
jurisdiction of Missouri’s juvenile court system. See Mo. Rev.
Stat. §§211.021 (2000) and 211.031 (Supp. 2003). He was tried as an
adult. At trial the State introduced Simmons’ confession and the
videotaped reenactment of the crime, along with testimony that
Simmons discussed the crime in advance and bragged about it later.
The defense called no witnesses in the guilt phase. The jury having
returned a verdict of murder, the trial proceeded to the penalty
phase.
The State sought the death penalty. As
aggravating factors, the State submitted that the murder was
committed for the purpose of receiving money; was committed for the
purpose of avoiding, interfering with, or preventing lawful arrest
of the defendant; and involved depravity of mind and was
outrageously and wantonly vile, horrible, and inhuman. The State
called Shirley Crook’s husband, daughter, and two sisters, who
presented moving evidence of the devastation her death had brought
to their lives.
In mitigation Simmons’ attorneys first called
an officer of the Missouri juvenile justice system, who testified
that Simmons had no prior convictions and that no previous charges
had been filed against him. Simmons’ mother, father, two younger
half brothers, a neighbor, and a friend took the stand to tell the
jurors of the close relationships they had formed with Simmons and
to plead for mercy on his behalf. Simmons’ mother, in particular,
testified to the responsibility Simmons demonstrated in taking care
of his two younger half brothers and of his grandmother and to his
capacity to show love for them.
During closing arguments, both the prosecutor
and defense counsel addressed Simmons’ age, which the trial judge
had instructed the jurors they could consider as a mitigating
factor. Defense counsel reminded the jurors that juveniles of
Simmons’ age cannot drink, serve on juries, or even see certain
movies, because “the legislatures have wisely decided that
individuals of a certain age aren’t responsible enough.” Defense
counsel argued that Simmons’ age should make “a huge difference to
[the jurors] in deciding just exactly what sort of punishment to
make.” In rebuttal, the prosecutor gave the following response:
“Age, he says. Think about age. Seventeen years old. Isn’t that
scary? Doesn’t that scare you? Mitigating? Quite the contrary I
submit. Quite the contrary.”
The jury recommended the death penalty after
finding the State had proved each of the three aggravating factors
submitted to it. Accepting the jury’s recommendation, the trial
judge imposed the death penalty.
Simmons obtained new counsel, who moved in the
trial court to set aside the conviction and sentence. One argument
was that Simmons had received ineffective assistance at trial. To
support this contention, the new counsel called as witnesses
Simmons’ trial attorney, Simmons’ friends and neighbors, and
clinical psychologists who had evaluated him.
Part of the submission was that Simmons was
“very immature,” “very impulsive,” and “very susceptible to being
manipulated or influenced.” The experts testified about Simmons’
background including a difficult home environment and dramatic
changes in behavior, accompanied by poor school performance in
adolescence. Simmons was absent from home for long periods,
spending time using alcohol and drugs with other teenagers or young
adults. The contention by Simmons’ postconviction counsel was that
these matters should have been established in the sentencing
proceeding.
The trial court found no constitutional
violation by reason of ineffective assistance of counsel and denied
the motion for postconviction relief. In a consolidated appeal from
Simmons’ conviction and sentence, and from the denial of
postconviction relief, the Missouri Supreme Court affirmed.
State v.
Simmons, 944 S. W. 2d 165, 169 (en
banc), cert. denied,
522 U. S. 953 (1997).
The federal courts denied Simmons’ petition for a writ of habeas
corpus.
Simmons v.
Bowersox, 235 F. 3d 1124,
1127 (CA8), cert. denied,
534 U. S. 924
(2001).
After these proceedings in Simmons’ case had
run their course, this Court held that the Eighth and Fourteenth
Amendments prohibit the execution of a mentally retarded person.
Atkins v.
Virginia, 536 U. S. 304 (2002).
Simmons filed a new petition for state postconviction relief,
arguing that the reasoning of
Atkins established that the
Constitution prohibits the execution of a juvenile who was under 18
when the crime was committed.
The Missouri Supreme Court agreed.
State
ex rel. Simmons v.
Roper, 112 S. W. 3d 397
(2003) (en banc). It held that since
Stanford,
“a national consensus has developed against the
execution of juvenile offenders, as demonstrated by the fact that
eighteen states now bar such executions for juveniles, that twelve
other states bar executions altogether, that no state has lowered
its age of execution below 18 since
Stanford, that five
states have legislatively or by case law raised or established the
minimum age at 18, and that the imposition of the juvenile death
penalty has become truly unusual over the last decade.” 112
S. W. 3d, at 399.
On this reasoning it set aside Simmons’ death
sentence and resentenced him to “life imprisonment without
eligibility for probation, parole, or release except by act of the
Governor.”
Id., at 413.
We granted certiorari,
540 U. S. 1160 (2004),
and now affirm.
II
The Eighth Amendment provides:
“Excessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted.” The provision is
applicable to the States through the Fourteenth Amendment.
Furman v.
Georgia,
408 U. S. 238, 239 (1972)
(per
curiam); Robinson v.
California,
370 U. S. 660, 666–667
(1962);
Louisiana ex rel. Francis v.
Resweber,
329 U. S. 459, 463
(1947) (plurality opinion). As the Court explained in
Atkins, the Eighth Amendment guarantees individuals the
right not to be subjected to excessive sanctions. The right flows
from the basic “ ‘precept of justice that punishment for crime
should be graduated and proportioned to [the] offense.’ ” 536
U. S., at 311 (quoting
Weems v.
United States,
217 U. S. 349,
367 (1910)). By protecting even those convicted of heinous crimes,
the Eighth Amendment reaffirms the duty of the government to
respect the dignity of all persons.
The prohibition against “cruel
and unusual punishments,” like other expansive language in the
Constitution, must be interpreted according to its text, by
considering history, tradition, and precedent, and with due regard
for its purpose and function in the constitutional design. To
implement this framework we have established the propriety and
affirmed the necessity of referring to “the evolving standards of
decency that mark the progress of a maturing society” to determine
which punishments are so disproportionate as to be cruel and
unusual.
Trop v.
Dulles,
356 U. S. 86, 100–101
(1958) (plurality opinion).
In
Thompson v.
Oklahoma,
487 U. S. 815
(1988), a plurality of the Court determined that our standards of
decency do not permit the execution of any offender under the age
of 16 at the time of the crime.
Id., at 818–838 (opinion
of Stevens, J., joined by Brennan, Marshall, and Blackmun, JJ.).
The plurality opinion explained that no death penalty State that
had given express consideration to a minimum age for the death
penalty had set the age lower than 16.
Id., at 826–829.
The plurality also observed that “[t]he 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.”
Id., at 830. The opinion further
noted that juries imposed the death penalty on offenders under 16
with exceeding rarity; the last execution of an offender for a
crime committed under the age of 16 had been carried out in 1948,
40 years prior.
Id., at 832–833.
Bringing its independent judgment to bear on
the permissibility of the death penalty for a 15-year-old offender,
the
Thompson plurality stressed that “[t]he 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.”
Id., at 835.
According to the plurality, the lesser culpability of offenders
under 16 made the death penalty inappropriate as a form of
retribution, while the low likelihood that offenders under 16
engaged in “the kind of cost-benefit analysis that attaches any
weight to the possibility of execution” made the death penalty
ineffective as a means of deterrence.
Id., at 836–838.
With Justice O’Connor concurring in the judgment on narrower
grounds,
id., at 848–859, the Court set aside the death
sentence that had been imposed on the 15-year-old offender.
The next year, in
Stanford v.
Kentucky,
492 U. S. 361 (1989), the Court, over
a dissenting opinion joined by four Justices, referred to
contemporary standards of decency in this country and concluded the
Eighth and Fourteenth Amendments did not proscribe the execution of
juvenile offenders over 15 but under 18. The Court noted that 22 of
the 37 death penalty States permitted the death penalty for
16-year-old offenders, and, among these 37 States, 25 permitted it
for 17-year-old offenders. These numbers, in the Court’s view,
indicated there was no national consensus “sufficient to label a
particular punishment cruel and unusual.”
Id., at 370–371.
A plurality of the Court also “emphatically reject[ed]” the
suggestion that the Court should bring its own judgment to bear on
the acceptability of the juvenile death penalty.
Id., at
377–378 (opinion of Scalia, J., joined by Rehnquist, C. J.,
and White and Kennedy, JJ.); see also
id., at 382
(O’Connor, J., concurring in part and concurring in judgment)
(criticizing the plurality’s refusal “to judge whether the
‘ “nexus between the punishment imposed and the defendant’s
blameworthiness” ’ is proportional”).
The same day the Court decided
Stanford, it held that the Eighth Amendment did not
mandate a categorical exemption from the death penalty for the
mentally retarded.
Penry v.
Lynaugh,
492 U. S. 302 (1989). In
reaching this conclusion it stressed that only two States had
enacted laws banning the imposition of the death penalty on a
mentally retarded person convicted of a capital offense.
Id., at 334. According to the Court, “the two state
statutes prohibiting execution of the mentally retarded, even when
added to the 14 States that have rejected capital punishment
completely, [did] not provide sufficient evidence at present of a
national consensus.”
Ibid.
Three Terms ago the subject was reconsidered
in
Atkins. We held that standards of decency have evolved
since
Penry and now demonstrate that the execution of the
mentally retarded is cruel and unusual punishment. The Court noted
objective indicia of society’s standards, as expressed in
legislative enactments and state practice with respect to
executions of the mentally retarded. When
Atkins was
decided only a minority of States permitted the practice, and even
in those States it was rare. 536 U. S., at 314–315. On the basis of
these indicia the Court determined that executing mentally retarded
offenders “has become truly unusual, and it is fair to say that a
national consensus has developed against it.”
Id., at
316.
The inquiry into our society’s evolving
standards of decency did not end there. The
Atkins Court
neither repeated nor relied upon the statement in
Stanford
that the Court’s independent judgment has no bearing on the
acceptability of a particular punishment under the Eighth
Amendment. Instead we returned to the rule, established in
decisions predating
Stanford, that “ ‘the
Constitution contemplates that in the end our own judgment will be
brought to bear on the question of the acceptability of the death
penalty under the Eighth Amendment.’ ” 536 U. S.
, at
312 (quoting
Coker v.
Georgia,
433 U. S. 584, 597 (1977) (plurality
opinion)). Mental retardation, the Court said, diminishes personal
culpability even if the offender can distinguish right from wrong.
536 U. S.
, at 318. The impairments of mentally retarded
offenders make it less defensible to impose the death penalty as
retribution for past crimes and less likely that the death penalty
will have a real deterrent effect.
Id., at 319–320. Based
on these considerations and on the finding of national consensus
against executing the mentally retarded, the Court ruled that the
death penalty constitutes an excessive sanction for the entire
category of mentally retarded offenders, and that the Eighth
Amendment “ ‘places a substantive restriction on the State’s
power to take the life’ of a mentally retarded offender.”
Id., at 321 (quoting
Ford v.
Wainwright,
477 U. S. 399, 405 (1986)).
Just as the
Atkins Court reconsidered
the issue decided in
Penry, we now reconsider the issue
decided in
Stanford. The beginning point is a review of
objective indicia of consensus, as expressed in particular by the
enactments of legislatures that have addressed the question. This
data gives us essential instruction. We then must determine, in the
exercise of our own independent judgment, whether the death penalty
is a disproportionate punishment for juveniles.
III
A
The evidence of national consensus against the
death penalty for juveniles is similar, and in some respects
parallel, to the evidence
Atkins held sufficient to
demonstrate a national consensus against the death penalty for the
mentally retarded. When
Atkins was decided, 30 States
prohibited the death penalty for the mentally retarded. This number
comprised 12 that had abandoned the death penalty altogether, and
18 that maintained it but excluded the mentally retarded from its
reach. 536 U. S., at 313–315. By a similar calculation in this
case, 30 States prohibit the juvenile death penalty, comprising 12
that have rejected the death penalty altogether and 18 that
maintain it but, by express provision or judicial interpretation,
exclude juveniles from its reach. See Appendix A,
infra.
Atkins emphasized that even in the 20 States without
formal prohibition, the practice of executing the mentally retarded
was infrequent. Since
Penry, only five States had executed
offenders known to have an IQ under 70. 536 U. S., at 316. In the
present case, too, even in the 20 States without a formal
prohibition on executing juveniles, the practice is infrequent.
Since
Stanford, six States have executed prisoners for
crimes committed as juveniles. In the past 10 years, only three
have done so: Okla- homa, Texas, and Virginia. See V. Streib, The
Juvenile Death Penalty Today: Death Sentences and Executions for
Juvenile Crimes, January 1, 1973–December 31, 2004, No. 76,
p. 4 (2005), available at http://www.law.
onu.edu/faculty/streib/documents/JuvDeathDec2004.pdf (last updated
Jan. 31, 2005) (as visited Feb. 25, 2005, and available in the
Clerk of Court’s case file). In December 2003 the Governor of
Kentucky decided to spare the life of Kevin Stanford, and commuted
his sentence to one of life imprisonment without parole, with the
declaration that “ ‘[w]e ought not be executing people who,
legally, were children.’ ” Lexington Herald Leader, Dec. 9,
2003, p. B3, 2003 WL 65043346. By this act the Governor
ensured Kentucky would not add itself to the list of States that
have executed juveniles within the last 10 years even by the
execution of the very defendant whose death sentence the Court had
upheld in
Stanford v.
Kentucky.
There is, to be sure, at least
one difference between the evidence of consensus in
Atkins
and in this case. Impressive in
Atkins was the rate of
abolition of the death penalty for the mentally retarded. Sixteen
States that permitted the execution of the mentally retarded at the
time of
Penry had prohibited the practice by the time we
heard
Atkins. By contrast, the rate of change in reducing
the incidence of the juvenile death penalty, or in taking specific
steps to abolish it, has been slower. Five States that allowed the
juvenile death penalty at the time of
Stanford have
abandoned it in the intervening 15 years—four through legislative
enactments and one through judicial decision. Streib,
supra, at 5, 7;
State v.
Furman, 122
Wash. 2d 400, 858 P. 2d 1092 (1993) (en banc).
Though less dramatic than the change from
Penry to
Atkins (“telling,” to borrow the word
Atkins used to describe this difference, 536 U. S., at
315, n. 18), we still consider the change from
Stanford to this case to be significant. As noted in
Atkins, with respect to the States that had abandoned the
death penalty for the mentally retarded since
Penry, “[i]t
is not so much the number of these States that is significant, but
the consistency of the direction of change.” 536 U. S., at 315. In
particular we found it significant that, in the wake of
Penry, no State that had already prohibited the execution
of the mentally retarded had passed legislation to reinstate the
penalty. 536 U. S.
, at 315–316. The number of States that
have abandoned capital punishment for juvenile offenders since
Stanford is smaller than the number of States that
abandoned capital punishment for the mentally retarded after
Penry; yet we think the same consistency of direction of
change has been demonstrated. Since
Stanford, no State
that previously prohibited capital punishment for juveniles has
reinstated it. This fact, coupled with the trend toward abolition
of the juvenile death penalty, carries special force in light of
the general popularity of anticrime legislation,
Atkins,
supra, at 315, and in light of the particular trend in
recent years toward cracking down on juvenile crime in other
respects, see H. Snyder & M. Sickmund, National Center for
Juvenile Justice, Juvenile Offenders and Victims: 1999 National
Report 89, 133 (Sept. 1999); Scott & Grisso, The Evolution of
Adolescence: A Developmental Perspective on Juvenile Justice
Reform, 88 J. Crim. L. & C. 137, 148 (1997). Any difference
between this case and
Atkins with respect to the pace of
abolition is thus counterbalanced by the consistent direction of
the change.
The slower pace of abolition of the juvenile
death penalty over the past 15 years, moreover, may have a simple
explanation. When we heard
Penry, only two death penalty
States had already prohibited the execution of the mentally
retarded. When we heard
Stanford, by contrast, 12 death
penalty States had already prohibited the execution of any juvenile
under 18, and 15 had prohibited the execution of any juvenile under
17. If anything, this shows that the impropriety of executing
juveniles between 16 and 18 years of age gained wide recognition
earlier than the impropriety of executing the mentally retarded. In
the words of the Missouri Supreme Court: “It would be the ultimate
in irony if the very fact that the inappropriateness of the death
penalty for juveniles was broadly recognized sooner than it was
recognized for the mentally retarded were to become a reason to
continue the execution of juveniles now that the execution of the
mentally retarded has been barred.” 112 S. W. 3d, at 408,
n. 10.
Petitioner cannot show national consensus in
favor of capital punishment for juveniles but still resists the
conclusion that any consensus exists against it. Petitioner
supports this position with, in particular, the observation that
when the Senate ratified the International Covenant on Civil and
Political Rights (ICCPR), Dec. 19, 1966, 999 U. N. T. S. 171
(entered into force Mar. 23, 1976), it did so subject to the
President’s proposed reservation regarding Article 6(5) of that
treaty, which prohibits capital punishment for juveniles. Brief for
Petitioner 27. This reservation at best provides only faint support
for petitioner’s argument. First, the reservation was passed in
1992; since then, five States have abandoned capital punishment for
juveniles. Second, Congress considered the issue when enacting the
Federal Death Penalty Act in 1994, and determined that the death
penalty should not extend to juveniles. See 18 U. S. C. §3591.
The reservation to Article 6(5) of the ICCPR provides minimal
evidence that there is not now a national consensus against
juvenile executions.
As in
Atkins, the objective indicia
of consensus in this case—the rejection of the juvenile death
penalty in the majority of States; the infrequency of its use even
where it remains on the books; and the consistency in the trend
toward abolition of the practice—provide sufficient evidence that
today our society views juveniles, in the words
Atkins
used respecting the mentally retarded, as “categorically less
culpable than the average criminal.” 536 U. S.
, at
316.
B
A majority of States have
rejected the imposition of the death penalty on juvenile offenders
under 18, and we now hold this is required by the Eighth
Amendment.
Because the death penalty is the
most severe punishment, the Eighth Amendment applies to it with
special force.
Thompson, 487 U. S., at 856 (O’Connor, J.,
concurring in judgment). Capital punishment must be limited to
those offenders who commit “a narrow category of the most serious
crimes” and whose extreme culpability makes them “the most
deserving of execution.”
Atkins,
supra, at 319.
This principle is implemented throughout the capital sentencing
process. States must give narrow and precise definition to the
aggravating factors that can result in a capital sentence.
Godfrey v.
Georgia,
446 U. S. 420, 428–429
(1980) (plurality opinion). In any capital case a defendant has
wide latitude to raise as a mitigating factor “any aspect of [his
or her] character or record and any of the circumstances of the
offense that the defendant proffers as a basis for a sentence less
than death.”
Lockett v.
Ohio,
438 U. S. 586, 604
(1978) (plurality opinion);
Eddings v.
Oklahoma,
455 U. S. 104,
110–112 (1982); see also
Johnson v.
Texas,
509 U. S. 350,
359–362 (1993) (summarizing the Court’s jurisprudence after
Furman v.
Georgia,
408 U. S. 238 (1972)
(per
curiam), with respect to a sentencer’s consideration of
aggravating and mitigating factors). There are a number of crimes
that beyond question are severe in absolute terms, yet the death
penalty may not be imposed for their commission.
Coker v.
Georgia,
433 U. S. 584 (1977) (rape of an adult
woman);
Enmund v.
Florida,
458 U. S. 782 (1982)
(felony murder where defendant did not kill, attempt to kill, or
intend to kill). The death penalty may not be imposed on certain
classes of offenders, such as juveniles under 16, the insane, and
the mentally retarded, no matter how heinous the crime.
Thompson v.
Oklahoma,
supra; Ford v.
Wainwright,
477 U. S. 399 (1986);
Atkins,
supra. These rules vindicate the underlying principle that the
death penalty is reserved for a narrow category of crimes and
offenders.
Three general differences between juveniles
under 18 and adults demonstrate that juvenile offenders cannot with
reliability be classified among the worst offenders. First, as any
parent knows and as the scientific and sociological studies
respondent and his
amici cite tend to confirm, “[a] lack
of maturity and an underdeveloped sense of responsibility are found
in youth more often than in adults and are more understandable
among the young. These qualities often result in impetuous and
ill-considered actions and decisions.”
Johnson,
supra, at 367; see also
Eddings,
supra,
at 115–116 (“Even the normal 16-year-old customarily lacks the
maturity of an adult”). It has been noted that “adolescents are
overrepresented statistically in virtually every category of
reckless behavior.” Arnett, Reckless Behavior in Adolescence: A
Developmental Perspective, 12 Developmental Review 339 (1992). In
recognition of the comparative immaturity and irresponsibility of
juveniles, almost every State prohibits those under 18 years of age
from voting, serving on juries, or marrying without parental
consent. See Appendixes B–D,
infra.
The second area of difference is that
juveniles are more vulnerable or susceptible to negative influences
and outside pressures, including peer pressure.
Eddings,
supra, at 115 (“[Y]outh 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”). This is
explained in part by the prevailing circumstance that juveniles
have less control, or less experience with control, over their own
environment. See Steinberg & Scott, Less Guilty by Reason of
Adolescence: Developmental Immaturity, Diminished Responsibility,
and the Juvenile Death Penalty, 58 Am. Psychologist 1009, 1014
(2003) (hereinafter Steinberg & Scott) (“[A]s legal minors,
[juveniles] lack the freedom that adults have to extricate
themselves from a criminogenic setting”).
The third broad difference is that the
character of a juvenile is not as well formed as that of an adult.
The personality traits of juveniles are more transitory, less
fixed. See generally E. Erikson, Identity: Youth and Crisis
(1968).
These differences render suspect any
conclusion that a juvenile falls among the worst offenders. The
susceptibility of juveniles to immature and irresponsible behavior
means “their irresponsible conduct is not as morally reprehensible
as that of an adult.”
Thompson,
supra, at 835
(plurality opinion). Their own vulnerability and comparative lack
of control over their immediate surroundings mean juveniles have a
greater claim than adults to be forgiven for failing to escape
negative influences in their whole environment. See
Stanford, 492 U. S., at 395 (Brennan, J., dissenting). The
reality that juveniles still struggle to define their identity
means it is less supportable to conclude that even a heinous crime
committed by a juvenile is evidence of irretrievably depraved
character. From a moral standpoint it would be misguided to equate
the failings of a minor with those of an adult, for a greater
possibility exists that a minor’s character deficiencies will be
reformed. Indeed, “[t]he relevance of youth as a mitigating factor
derives from the fact that the signature qualities of youth are
transient; as individuals mature, the impetuousness and
recklessness that may dominate in younger years can subside.”
Johnson,
supra, at 368; see also Steinberg &
Scott 1014 (“For most teens, [risky or antisocial] behaviors are
fleeting; they cease with maturity as individual identity becomes
settled. Only a relatively small proportion of adolescents who
experiment in risky or illegal activities develop entrenched
patterns of problem behavior that persist into adulthood”).
In
Thompson, a plurality of the Court
recognized the import of these characteristics with respect to
juveniles under 16, and relied on them to hold that the Eighth
Amendment prohibited the imposition of the death penalty on
juveniles below that age. 487 U. S., at 833–838. We conclude the
same reasoning applies to all juvenile offenders under 18.
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. We have held there are two distinct social purposes served
by the death penalty: “ ‘retribution and deterrence of capital
crimes by prospective offenders.’ ”
Atkins, 536 U.
S., at 319 (quoting
Gregg v.
Georgia,
428 U. S. 153, 183
(1976) (joint opinion of Stewart, Powell, and Stevens, JJ.)). As
for retribution, we remarked in
Atkins that “[i]f the
culpability of the average murderer is insufficient to justify the
most extreme sanction available to the State, the lesser
culpability of the mentally retarded offender surely does not merit
that form of retribution.” 536 U. S., at 319. The same conclusions
follow from the lesser culpability of the juvenile offender.
Whether viewed as an attempt to express the community’s moral
outrage or as an attempt to right the balance for the wrong to the
victim, the case for retribution is not as strong with a minor as
with an adult. Retribution is not proportional if the law’s most
severe penalty is imposed on one whose culpability or
blameworthiness is diminished, to a substantial degree, by reason
of youth and immaturity.
As for deterrence, it is unclear whether the
death penalty has a significant or even measurable deterrent effect
on juveniles, as counsel for the petitioner acknowledged at oral
argument. Tr. of Oral Arg. 48. In general we leave to legislatures
the assessment of the efficacy of various criminal penalty schemes,
see
Harmelin v.
Michigan,
501 U. S. 957, 998–999
(1991) (Kennedy, J., concurring in part and concurring in
judgment). Here, however, the absence of evidence of deterrent
effect is of special concern because the same characteristics that
render juveniles less culpable than adults suggest as well that
juveniles will be less susceptible to deterrence. In particular, as
the plurality observed in
Thompson, “[t]he 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.” 487 U. S., at 837. To the
extent the juvenile death penalty might have residual deterrent
effect, it is worth noting that the punishment of life imprisonment
without the possibility of parole is itself a severe sanction, in
particular for a young person.
In concluding that neither retribution nor
deterrence provides adequate justification for imposing the death
penalty on juvenile offenders, we cannot deny or overlook the
brutal crimes too many juvenile offenders have committed. See Brief
for Alabama et al. as
Amici Curiae. Certainly it can
be argued, although we by no means concede the point, that a rare
case might arise in which a juvenile offender has sufficient
psychological maturity, and at the same time demonstrates
sufficient depravity, to merit a sentence of death. Indeed, this
possibility is the linchpin of one contention pressed by petitioner
and his
amici. They assert that even assuming the truth of
the observations we have made about juveniles’ diminished
culpability in general, jurors nonetheless should be allowed to
consider mitigating arguments related to youth on a case-by-case
basis, and in some cases to impose the death penalty if justified.
A central feature of death penalty sentencing is a particular
assessment of the circumstances of the crime and the
characteristics of the offender. The system is designed to consider
both aggravating and mitigating circumstances, including youth, in
every case. Given this Court’s own insistence on individualized
consideration, petitioner maintains that it is both arbitrary and
unnecessary to adopt a categorical rule barring imposition of the
death penalty on any offender under 18 years of age.
We disagree. The differences between juvenile
and adult offenders are too marked and well understood to risk
allowing a youthful person to receive the death penalty despite
insufficient culpability. An unacceptable likelihood exists that
the brutality or cold-blooded nature of any particular crime would
overpower mitigating arguments based on youth as a matter of
course, even where the juvenile offender’s objective immaturity,
vulnerability, and lack of true depravity should require a sentence
less severe than death. In some cases a defendant’s youth may even
be counted against him. In this very case, as we noted above, the
prosecutor argued Simmons’ youth was aggravating rather than
mitigating.
Supra, at 4. While this sort of overreaching
could be corrected by a particular rule to ensure that the
mitigating force of youth is not overlooked, that would not address
our larger concerns.
It is difficult even for expert psychologists
to differentiate between the juvenile offender whose crime reflects
unfortunate yet transient immaturity, and the rare juvenile
offender whose crime reflects irreparable corruption. See Steinberg
& Scott 1014–1016. As we understand it, this difficulty
underlies the rule forbidding psychiatrists from diagnosing any
patient under 18 as having antisocial personality disorder, a
disorder also referred to as psychopathy or sociopathy, and which
is characterized by callousness, cynicism, and contempt for the
feelings, rights, and suffering of others. American Psychiatric
Association, Diagnostic and Statistical Manual of Mental Disorders
701–706 (4th ed. text rev. 2000); see also Steinberg & Scott
1015. If trained psychiatrists with the advantage of clinical
testing and observation refrain, despite diagnostic expertise, from
assessing any juvenile under 18 as having antisocial personality
disorder, we conclude that States should refrain from asking jurors
to issue a far graver condemnation—that a juvenile offender merits
the death penalty. When a juvenile offender commits a heinous
crime, the State can exact forfeiture of some of the most basic
liberties, but the State cannot extinguish his life and his
potential to attain a mature understanding of his own humanity.
Drawing the line at 18 years of age is
subject, of course, to the objections always raised against
categorical rules. The qualities that distinguish juveniles from
adults do not disappear when an individual turns 18. By the same
token, some under 18 have already attained a level of maturity some
adults will never reach. For the reasons we have discussed,
however, a line must be drawn. The plurality opinion in
Thompson drew the line at 16. In the intervening years the
Thompson plurality’s conclusion that offenders under 16
may not be executed has not been challenged. The logic of
Thompson extends to those who are under 18. The age of 18
is the point where society draws the line for many purposes between
childhood and adulthood. It is, we conclude, the age at which the
line for death eligibility ought to rest.
These considerations mean
Stanford v.
Kentucky should be deemed no longer controlling on this
issue. To the extent
Stanford was based on review of the
objective indicia of consensus that obtained in 1989, 492 U. S., at
370–371, it suffices to note that those indicia have changed.
Supra, at 10–13. It should be observed, furthermore, that
the
Stanford Court should have considered those States
that had abandoned the death penalty altogether as part of the
consensus against the juvenile death penalty, 492 U. S., at 370,
n. 2; a State’s decision to bar the death penalty altogether
of necessity demonstrates a judgment that the death penalty is
inappropriate for all offenders, including juveniles. Last, to the
extent
Stanford was based on a rejection of the idea that
this Court is required to bring its independent judgment to bear on
the proportionality of the death penalty for a particular class of
crimes or offenders,
id., at 377–378 (plurality opinion),
it suffices to note that this rejection was inconsistent with prior
Eighth Amendment decisions,
Thompson, 487 U. S., at
833–838 (plurality opinion);
Enmund, 458 U. S., at 797;
Coker, 433 U. S., at 597 (plurality opinion). It is also
inconsistent with the premises of our recent decision in
Atkins. 536 U. S.
, at 312–313, 317–321.
In holding that the death penalty cannot be
imposed upon juvenile offenders, we take into account the
circumstance that some States have relied on
Stanford in
seeking the death penalty against juvenile offenders. This
consideration, however, does not outweigh our conclusion that
Stanford should no longer control in those few pending
cases or in those yet to arise.
IV
Our determination that the death
penalty is disproportionate punishment for offenders under 18 finds
confirmation in the stark reality that the United States is the
only country in the world that continues to give official sanction
to the juvenile death penalty. This reality does not become
controlling, for the task of interpreting the Eighth Amendment
remains our responsibility. Yet at least from the time of the
Court’s decision in
Trop, the Court has referred to the
laws of other countries and to international authorities as
instructive for its interpretation of the Eighth Amendment’s
prohibition of “cruel and unusual punishments.” 356 U. S., at
102–103 (plurality opinion) (“The civilized nations of the world
are in virtual unanimity that statelessness is not to be imposed as
punishment for crime”); see also
Atkins, supra, at 317,
n. 21 (recognizing that “within the world community, the
imposition of the death penalty for crimes committed by mentally
retarded offenders is overwhelmingly disapproved”);
Thompson,
supra, at 830–831, and n. 31
(plurality opinion) (noting the abolition of the juvenile death
penalty “by other nations that share our Anglo-American heritage,
and by the leading members of the Western European community,” and
observing that “[w]e have previously recognized the relevance of
the views of the international community in determining whether a
punishment is cruel and unusual”);
Enmund,
supra,
at 796–797, n. 22 (observing that “the doctrine of felony
murder has been abolished in England and India, severely restricted
in Canada and a number of other Commonwealth countries, and is
unknown in continental Europe”);
Coker,
supra, at
596, n. 10 (plurality opinion) (“It is … not irrelevant here
that out of 60 major nations in the world surveyed in 1965, only 3
retained the death penalty for rape where death did not
ensue”).
As respondent and a number of
amici emphasize, Article 37 of the United Nations
Convention on the Rights of the Child, which every country in the
world has ratified save for the United States and Somalia, contains
an express prohibition on capital punishment for crimes committed
by juveniles under 18. United Nations Convention on the Rights of
the Child, Art. 37, Nov. 20, 1989, 1577 U. N. T. S.
3, 28 I. L. M. 1448, 1468–1470 (entered into force Sept.
2, 1990); Brief for Respondent 48; Brief for European Union
et al. as
Amici Curiae 12–13; Brief for President
James Earl Carter, Jr., et al. as
Amici Curiae 9;
Brief for Former U. S. Diplomats Morton Abramowitz et al. as
Amici Curiae 7; Brief for Human Rights Committee of the
Bar of England and Wales et al. as
Amici Curiae
13–14. No ratifying country has entered a reservation to the
provision prohibiting the execution of juvenile offenders. Parallel
prohibitions are contained in other significant international
covenants. See ICCPR, Art. 6(5), 999 U. N. T. S., at
175 (prohibiting capital punishment for anyone under 18 at the time
of offense) (signed and ratified by the United States subject to a
reservation regarding Article 6(5), as noted,
supra, at
13); American Convention on Human Rights: Pact of San José, Costa
Rica, Art. 4(5), Nov. 22, 1969, 1144 U. N. T. S. 146
(entered into force July 19, 1978) (same); African Charter on the
Rights and Welfare of the Child, Art. 5(3), OAU Doc. CAB/LEG/
24.9/49 (1990) (entered into force Nov. 29, 1999) (same).
Respondent and his
amici have
submitted, and petitioner does not contest, that only seven
countries other than the United States have executed juvenile
offenders since 1990: Iran, Pakistan, Saudi Arabia, Yemen, Nigeria,
the Democratic Republic of Congo, and China. Since then each of
these countries has either abolished capital punishment for
juveniles or made public disavowal of the practice. Brief for
Respondent 49–50. In sum, it is fair to say that the United States
now stands alone in a world that has turned its face against the
juvenile death penalty.
Though the international
covenants prohibiting the juvenile death penalty are of more recent
date, it is instructive to note that the United Kingdom abolished
the juvenile death penalty before these covenants came into being.
The United Kingdom’s experience bears particular relevance here in
light of the historic ties between our countries and in light of
the Eighth Amendment’s own origins. The Amendment was modeled on a
parallel provision in the English Declaration of Rights of 1689,
which provided: “[E]xcessive Bail ought not to be required nor
excessive Fines imposed; nor cruel and unusuall Punishments
inflicted.” 1 W. & M., ch. 2, §10, in 3 Eng. Stat. at Large 441
(1770); see also
Trop,
supra, at 100 (plurality
opinion). As of now, the United Kingdom has abolished the death
penalty in its entirety; but, decades before it took this step, it
recognized the disproportionate nature of the juvenile death
penalty; and it abolished that penalty as a separate matter. In
1930 an official committee recommended that the minimum age for
execution be raised to 21. House of Commons Report from the Select
Committee on Capital Punishment (1930), 193, p. 44. Parliament
then enacted the Children and Young Person’s Act of 1933, 23 Geo.
5, ch. 12, which prevented execution of those aged 18 at the
date of the sentence. And in 1948, Parliament enacted the Criminal
Justice Act, 11 & 12 Geo. 6, ch. 58, prohibiting the
execution of any person under 18 at the time of the offense. In the
56 years that have passed since the United Kingdom abolished the
juvenile death penalty, the weight of authority against it there,
and in the international community, has become well
established.
It is proper that we acknowledge
the overwhelming weight of international opinion against the
juvenile death penalty, resting in large part on the understanding
that the instability and emotional imbalance of young people may
often be a factor in the crime. See Brief for Human Rights
Committee of the Bar of England and Wales et al. as
Amici
Curiae 10–11. The opinion of the world community, while not
controlling our outcome, does provide respected and significant
confirmation for our own conclusions.
Over time, from one generation to the next,
the Constitution has come to earn the high respect and even, as
Madison dared to hope, the veneration of the American people. See
The Federalist No. 49, p. 314 (C. Rossiter ed. 1961). The
document sets forth, and rests upon, innovative principles original
to the American experience, such as federalism; a proven balance in
political mechanisms through separation of powers; specific
guarantees for the accused in criminal cases; and broad provisions
to secure individual freedom and preserve human dignity. These
doctrines and guarantees are central to the American experience and
remain essential to our present-day self-definition and national
identity. Not the least of the reasons we honor the Constitution,
then, is because we know it to be our own. It does not lessen our
fidelity to the Constitution or our pride in its origins to
acknowledge that the express affirmation of certain fundamental
rights by other nations and peoples simply underscores the
centrality of those same rights within our own heritage of
freedom.
***
The Eighth and Fourteenth
Amendments forbid imposition of the death penalty on offenders who
were under the age of 18 when their crimes were committed. The
judgment of the Missouri Supreme Court setting aside the sentence
of death imposed upon Christopher Simmons is affirmed.
It is so ordered.
APPENDIX A TO OPINION OF THE COURT
I.STATES THAT PERMIT THE IMPOSITION OF THE DEATH
PENALTY ON JUVENILES
Alabama
Ala. Code §13A–6–2(c) (West 2004) (no express minimum age)
Arizona
Ariz. Rev. Stat. Ann. §13–703(A) (West Supp. 2004) (same)
Arkansas
Ark. Code Ann. §5–4–615 (Michie 1997) (same)
Delaware
Del. Code Ann., Tit. 11, (Lexis 1995) (same)
Florida
Fla. Stat. §985.225(1) (2003) (same)
Georgia
Ga. Code Ann. §17–9–3 (Lexis 2004) (same)
Idaho
Idaho Code §18–4004 (Michie 2004) (same)
Kentucky
Ky. Rev. Stat. Ann. §640.040(1) (Lexis 1999) (minimum age of
16)
Louisiana
La. Stat. Ann. §14:30(c) (West Supp. 2004) (no express minimum
age)
Mississippi
Miss. Code Ann. §97–3–21 (Lexis 2000) (same)
Missouri
Mo. Rev. Stat. Ann. §565.020 (1999) (minimum age of 16)
Nevada
Nev. Rev. Stat. §176.025 (2003) (minimum age of 16)
New Hampshire
N. H. Rev. Stat. Ann. §630:1(V) (West 1996) (minimum age of
17)
North Carolina
N. C. Gen. Stat. §14–17 (Lexis 2003) (minimum age of 17,
except that those under 17 who commit murder while serving a prison
sentence for a previous murder may receive the death penalty)
Oklahoma
Okla. Stat. Ann., Tit. 21, §701.10 (West 2002) (no express
minimum age)
Pennsylvania
18 Pa. Cons. Stat. §1102 (2002) (same)
South Carolina
S. C. Code Ann. §16–3–20 (West Supp. 2003 and main ed.)
(same)
Texas
Tex. Penal Code Ann. §8.07(c) (West 2003) (minimum age of
17)
Utah
Utah Code Ann. §76–3–206(1) (Lexis 2002) (no express minimum
age)
Virginia
Va. Code Ann. §18.2–10(a) (Lexis Supp. 2003) (minimum age of
16)
II.STATES THAT RETAIN THE DEATH PENALTY, BUT SET
THE MINIMUM AGE AT 18
California
Cal. Penal Code Ann. §190.5 (West 1999)
Colorado
Colo. Rev. Stat. §18–1.4–102(1)(a) (Lexis 2004)
Connecticut
Conn. Gen. Stat. Ann. §53a–46a(h) (West 2001)
Illinois
Ill. Comp. Stat. Ann., ch. 720, §5/9–1(b) (West Supp. 2004)
Indiana
Ind. Code Ann. §35–50–2–3 (1993)
Kansas
Kan. Stat. Ann. §21–4622 (1995)
Maryland
Md. Crim. Law Code Ann. §2–202(b)(2)(i) (Lexis 2002)
Montana
Mont. Code Ann. §45–5–102 (2003)
Nebraska
Neb. Rev. Stat. §28–105.01(1) (1995)
New Jersey
N. J. Stat. Ann. §2C:11–3(g) (West Supp. 2003)
New Mexico
N. M. Stat. Ann. §31–18–14(A) (West Supp. 2000)
New York
N. Y. Penal Law Ann. §125.27(West 2004)
Ohio
Ohio Rev. Code Ann. §2929.02(A) (Lexis 2003)
Oregon
Ore. Rev. Stat. §§161.620, 137.707(2) (1997)
South Dakota
2004 S. D. Laws ch. 166 to be codified in S. D.
Codified Laws §23A–27A–42
Tennessee
Tenn. Code Ann. §37–1–134(a)(1) (Lexis 1996)
Washington
Minimum age of 18 established by judicial decision.
State v.
Furman, 122 Wash. 2d 440, 858 P. 2d
1092 (1993)
Wyoming
Wyo. Stat. §6–2–101(b) (Lexis 2003)
***
During the past year, decisions by the highest courts of Kansas
and New York invalidated provisions in those States’ death penalty
statutes.
State v.
Marsh, ___ Kan. ___, 102
P. 3d 445 (2004) (invalidating provision that required
imposition of the death penalty if aggravating and mitigating
circumstances were found to be in equal balance);
People
v.
LaValle, 3 N. Y. 3d 88, 817 N. E. 2d 341
(2004) (invalidating mandatory requirement to instruct the jury
that, in the case of jury deadlock as to the appropriate sentence
in a capital case, the defendant would receive a sentence of life
imprisonment with parole eligibility after serving a minimum of 20
to 25 years). Due to these decisions, it would appear that in these
States the death penalty remains on the books, but that as a
practical matter it might not be imposed on anyone until there is a
change of course in these decisions, or until the respective state
legislatures remedy the problems the courts have identified.
Marsh,
supra, at ___, ___, 102 p. 3d, at 452,
464;
LaValle,
supra, at 99, 817 N. E 2d, at
344.
III.STATES WITHOUT THE DEATH PENALTY
Alaska
Hawaii
Iowa
Maine
Massachusetts
Michigan
Minnesota
North Dakota
Rhode Island
Vermont
West Virginia
Wisconsin
APPENDIX B TO OPINION OF THE COURT
STATE STATUTES ESTABLISHING A MINIMUM AGE TO
VOTE
STATE
AGE
STATUTE
Alabama
18
Ala. Const., Amdt. No. 579
Alaska
18
Alaska Const., Art. V, §1 Alaska Stat. §15–05–010 (Lexis
2002)
Arizona
18
Ariz. Const., Art. VII, §2 Ariz. Rev. Stat. §16–101 (West
1996)
Arkansas
18
Ark. Code Ann. §9–25–101 (Lexis 2002)
California
18
Cal. Const., Art. 2, §2
Colorado
18
Colo. Rev. Stat. §1–2–101 (Lexis 2004)
Connecticut
18
Conn. Const., Art. 6, §1 Conn. Gen. Stat. §9–12 (2003)
Delaware
18
Del. Code Ann., Tit. 15, §1701 (Michie 2002)
District of Columbia
18
D. C. Code §1–1001.02(2)(B) (West Supp. 2004)
Florida
18
Fla. Stat. ch. 97.041 (2003)
Georgia
18
Ga. Const., Art. 2, §1, ¶2 Ga. Code Ann. §21–2–216 (Lexis
2003)
Hawaii
Haw. Const., Art. II, §1 Haw. Rev. Stat. §11–12 (1995)
Idaho
18
Idaho Code §34–402 (Michie 2001)
Illinois
18
Ill. Const., Art. III, §1 Ill. Comp. Stat. Ann., ch. 10, §5/3–1
(West 2003)
Indiana
18
Ind. Code Ann. §3–7–13–1 (Lexis 1997)
Iowa
18
Iowa Code §48A.5 (2003)
Kansas
18
Kan. Const., Art. 5, §1
Kentucky
18
Ky. Const., §145
Louisiana
18
La. Const., Art. I, §10 La. Rev. Stat. Ann. §18:101 (West
2004)
Maine
18
Me. Const., Art. II, §1 Me. Rev. Stat. Ann., Tit. 21–A, §111
(West 1998 and Supp. 2004)
Maryland
18
Md. Elec. Law Code Ann. §3–102 (Lexis 2002)
Massachusetts
18
Mass. Gen. Laws Ann., ch. 51, §1 (West Supp. 2004)
Michigan
18
Mich. Comp. Laws Ann. §168.492 (West 1989)
Minnesota
18
Minn. Stat. §201.014(1)(a) (2002)
Mississippi
18
Miss. Const., Art. 12, §241
Missouri
18
Mo. Const., Art. VIII, §2
Montana
18
Mont. Const., Art. IV, §2 Mont. Code Ann. §13–1–111 (2003)
Nebraska
18
Neb. Const., Art. VI, §1 Neb. Rev. Stat. §32–110 (2004)
Nevada
18
Nev. Rev. Stat. §293.485 (2003)
New Hampshire
18
N. H. Const., Art., pt. 1, 11
New Jersey
18
N. J. Const., Art. II, §1, ¶3
New Mexico
18
[no provision other than U. S. Const., Amdt. XXVI]
New York
18
N. Y. Elec. Law Ann. §5–102 (West 1998)
North Carolina
18
N. C. Gen. Stat. Ann. §163–55 (Lexis 2003)
North Dakota
18
N. D. Const., Art. II, §1
Ohio
18
Ohio Const., Art. V, §1 Ohio Rev. Code Ann. §3503.01 (Anderson
1996)
Oklahoma
18
Okla. Const., Art. III, §1
Oregon
18
Ore. Const., Art. II, §2
Pennsylvania
18
25 Pa. Cons. Stat. Ann. §2811 (1994)
Rhode Island
18
R. I. Gen. Laws §17–1–3 (Lexis 2003)
South Carolina
18
S. C. Code Ann. §7–5–610 (West Supp. 2003)
South Dakota
18
S. D. Const., Art. VII, §2 S. D. Codified Laws Ann.
§12–3–1 (Michie 1995)
Tennessee
18
Tenn. Code Ann. §2–2–102 (Lexis 2003)
Texas
18
Tex. Elec. Code Ann. §11.002 (West 2003)
Utah
18
Utah Const., Art. IV, §2 Utah Code Ann. §20A–2–101 (Lexis
2002)
Vermont
18
Vt. Stat. Ann., Tit. 17, §2121 (Lexis 2002)
Virginia
18
Va. Const., Art. II, §1
Washington
18
Wash. Const., Art. VI, §1
West Virginia
18
W. Va. Code §3–1–3 (Lexis 2002)
Wisconsin
18
Wis. Const., Art. III, §1 Wis. Stat. §6.02 (West 2004)
Wyoming
18
Wyo. Stat. Ann. §§22–1–102, 22–3–102 (West 2004)
***
The Twenty-Sixth Amendment to the Constitution of
the United States provides that “[t]he right of citizens of the
United States, who are eighteen years of age or older, to vote
shall not be denied or abridged by the United States or by any
State on account of age.”
APPENDIX C TO OPINION OF THE COURT
STATE STATUTES ESTABLISHING A MINIMUM AGE FOR JURY
SERVICE
STATE
AGE
STATUTE
Alabama
19
Ala. Code §12–16–60(a)(1) (West 2002)
Alaska
18
Alaska Stat. §09.20.010(a)(3) (Lexis 2002)
Arizona
18
Ariz. Rev. Stat. §21–301(D) (West 2002)
Arkansas
18
Ark. Code Ann. §§16–31–101, 16–32–302 (Lexis 2003)
California
18
Cal. Civ. Proc. §203(a)(2) (West Supp. 2004)
Colorado
18
Colo. Rev. Stat. §13–71–105(2)(a) (Lexis 2004)
Connecticut
18
Conn. Gen. Stat. Ann. §51–217(a) (West Supp. 2004)
Delaware
18
Del. Code Ann., Tit. 10, §4509(b)(2) (Michie 1999)
District of Columbia
18
D. C. Code §11–1906(b)(1)(C) (West 2001)
Florida
18
Fla. Stat. §40.01 (2003)
Georgia
18
Ga. Code Ann. §§15–12–60, 15–12–163 (Lexis 2001)
Hawaii
18
Haw. Rev. Stat. §612–4(a)(1) (2003)
Idaho
18
Idaho Code §2–209(2)(a) (Michie 2003)
Illinois
18
Ill. Comp. Stat. Ann., ch. 705, §305/2 (West 2002)
Indiana
18
Ind. Code Ann. §33–28–4–8 (Lexis 2004)
Iowa
18
Iowa Code §607A.4(1)(a) (2003)
Kansas
18
Kan. Stat. Ann. §43–156 (2000) (jurors must be qualified to be
electors); Kan. Const., Art. 5, §1 (person must be 18 to be
qualified elector)
Kentucky
18
Ky. Rev. Stat. Ann. §29A.080(2)(a) (Lexis Supp. 2004)
Louisiana
18
La. Code Crim. Proc. Ann., Art. 401(A)(2) (West 2003)
Maine
18
Me. Rev. Stat. Ann., Tit. 14, §1211 (West 1980)
Maryland
18
Md. Cts. & Jud. Proc. Code Ann. §8–104 (Lexis 2002)
Massachusetts
18
Mass. Gen. Laws. Ann., ch. 234, §1 (West 2000) (jurors must be
qualified to vote); ch. 51, §1 (West Supp. 2004) (person must be 18
to vote)
Michigan
18
Mich. Comp. Laws Ann. §600.1307a(1)(a) (West Supp. 2004)
Minnesota
18
Minn. Dist. Ct. Rule 808(b)(2) (2002)
Mississippi
21
Miss. Code Ann. §13–5–1 (Lexis 2002)
Missouri
21
Mo. Rev. Stat. §494.425(1) (2000)
Montana
18
Mont. Code Ann. §3–15–301 (2003)
Nebraska
19
Neb. Rev. Stat. §25–1601 (Supp. 2003)
Nevada
18
Nev. Rev. Stat. §6.010 (2003) (juror must be qualified elector);
§293.485 (person must be 18 to vote)
New Hampshire
18
N. H. Rev. Stat. Ann. §500–A:7–a(I) (Lexis Supp. 2004)
New Jersey
18
N. J. Stat. Ann. §2B:20–1(a) (West 2004 Pamphlet)
New Mexico
18
N. M. Stat. Ann. §38–5–1 (1998)
New York
18
N. Y. Jud. Law Ann. §510(2) (West 2003)
North Carolina
18
N. C. Gen. Stat. Ann. §9–3 (Lexis 2003)
North Dakota
18
N. D. Cent. Code §27–09.1–08(2)(b) (Supp. 2003)
Ohio
18
Ohio Rev. Code Ann. §2313.42 (Anderson 2001)
Oklahoma
18
Okla. Stat. Ann., Tit. 38, §28 (West Supp. 2005)
Rhode Island
18
R. I. Gen. Laws §9–9–1.1(a)(2) (Lexis Supp. 2004)
South Carolina
18
S. C. Code Ann. §14–7–130 (West Supp. 2003)
South Dakota
18
S. D. Codified Laws §16–13–10 (Lexis Supp. 2003)
Tennessee
18
Tenn. Code Ann. §22–1–101 (Lexis Supp. 2003)
Texas
18
Tex. Govt. Code Ann. §62.102(1) (West 1998)
Utah
18
Utah Code Ann. §78–46–7(1)(b) (Lexis 2002)
Vermont
18
Vt. Stat. Ann., Tit. 4, §962(a)(1) (Lexis 1999); (jurors must
have attained age of majority); Tit. 1, §173 (Lexis 2003) (age of
majority is 18)
Virginia
18
Va. Code Ann. §8.01–337 (Lexis 2000)
Washington
18
Wash. Rev. Ann. Code §2.36.070 (West 2004)
West Virginia
18
W. Va. Code §52–1–8(b)(1) (Lexis 2000)
Wisconsin
18
Wis. Stat. §756.02 (West 2001)
Wyoming
18
Wyo. Stat. Ann. §1–11–101 (Lexis 2003) (jurors must be adults);
§14–1–101 (person becomes an adult at 18)
APPENDIX D TO OPINION OF THE COURT
STATE STATUTES ESTABLISHING A MINIMUM AGE FOR
MARRIAGE WITHOUT PARENTAL OR JUDICIAL CONSENT
STATE
AGE
STATUTE
Alabama
18
Ala. Code §30–1–5 (West Supp. 2004)
Alaska
18
Alaska Stat. §§25.05.011, 25.05.171 (Lexis 2002)
Arizona
18
Ariz. Rev. Stat. Ann. §25–102 (West Supp. 2004)
Arkansas
18
Ark. Code Ann. §§9–11–102, 9–11–208 (Lexis 2002)
California
18
Cal. Fam. Code Ann. §301 (West 2004)
Colorado
18
Colo. Rev. Stat. Ann. §14–2–106 (Lexis 2004)
Connecticut
18
Conn. Gen. Stat. §46b–30 (2003)
Delaware
18
Del. Code Ann., Tit. 13, §123 (Lexis 1999)
District of Columbia
18
D. C. Code §46–411 (West 2001)
Florida
18
Fla. Stat. §§741.04, 741.0405 (2003)
Georgia
16
Ga. Code Ann. §§19–3–2, 19–3–37 (Lexis 2004) (those under 18
must obtain parental consent unless female applicant is pregnant or
both applicants are parents of a living child, in which case
minimum age to marry without consent is 16)
Hawaii
18
Haw. Rev. Stat. §572–2 (1993)
Idaho
18
Idaho Code §32–202 (Michie 1996)
Illinois
18
Ill. Comp. Stat. Ann., ch. 750, §5/203 (West 1999)
Indiana
18
Ind. Code Ann. §§31–11–1–4, 31–11–1–5, 31–11–2–1, 31–11–2–3
(Lexis 1997)
Iowa
18
Iowa Code §595.2 (2003)
Kansas
18
Kan. Stat. Ann. §23–106 (Supp. 2003)
Kentucky
18
Ky. Rev. Stat. Ann. §§402.020, 402.210 (Lexis 1999)
Louisiana
18
La. Children’s Code Ann., Arts. 1545, 1547 (West 2004) (minors
may not marry without consent); La. Civ. Code Ann., Art. 29 (West
1999) (age of majority is 18)
Maine
18
Me. Rev. Stat. Ann., Tit. 19–A, §652 (West 1998 and Supp.
2004)
Maryland
16
Md. Fam. Law Code Ann. §2–301 (Lexis 2004) (those under 18 must
obtain parental consent unless female applicant can present proof
of pregnancy or a child, in which case minimum age to marry without
consent is 16)
Massachusetts
18
Mass. Gen. Laws Ann., ch. 207, §§7, 24, 25 (West 1998)
Michigan
18
Mich. Comp. Laws Ann. §551.103 (West 1988)
Minnesota
18
Minn. Stat. §517.02 (2002)
Mississippi
15/17
Miss. Code Ann. §93–1–5 (Lexis 2004) (female applicants must be
15; male applicants must be 17)
Missouri
18
Mo. Rev. Stat. §451.090 (2000)
Montana
18
Mont. Code Ann. §§40–1–202, 40–1–213 (2003)
Nebraska
19
Neb. Rev. Stat. §42–105 (2004) (minors must have parental
consent to marry); §43–2101 (defining “minor” as a person under
19)
Nevada
18
Nev. Rev. Stat. §122.020 (2003)
New Hampshire
18
N. H. Rev. Stat. Ann. §457:5 (West 1992)
New Jersey
18
N. J. Stat. Ann. §37:1–6 (West 2002)
New Mexico
18
N. M. Stat. Ann. §40–1–6 (1999)
New York
18
N. Y. Dom. Rel. Law Ann. §15 (West Supp. 2004)
North Carolina
18
N. C. Gen. Stat. Ann. §51–2 (Lexis 2003)
North Dakota
18
N. D. Cent. Code §14–03–02 (Lexis 2004)
Ohio
18
Ohio Rev. Code Ann. §3101.01 (Lexis 2003)
Oklahoma
18
Okla. Stat. Ann., Tit. 43, §3 (West Supp. 2005)
Oregon
18
Ore. Rev. Stat. §106.060 (2003)
Pennsylvania
18
23 Pa. Cons. Stat. §1304 (1997)
Rhode Island
18
R. I. Gen. Laws §15–2–11 (Lexis Supp. 2004)
South Carolina
18
S. C. Code Ann. §20–1–250 (West Supp. 2003)
South Dakota
18
S. D. Codified Laws §25–1–9 (Lexis 1999)
Tennessee
18
Tenn. Code Ann. §36–3–106 (Lexis 1996)
Texas
18
Tex. Fam. Code Ann. §§2.101–2.103 (West 1998)
Utah
18
Utah Code Ann. §30–1–9 (Lexis Supp. 2004)
Vermont
18
Vt. Stat. Ann., Tit. 18, §5142 (Lexis 2000)
Virginia
18
Va. Code Ann. §§20–45.1, 20–48, 20–49 (Lexis 2004)
Washington
18
Wash. Rev. Code Ann. §26.04.210 (West Supp. 2005)
West Virginia
18
W. Va. Code §48–2–301 (Lexis 2004)
Wisconsin
18
Wis. Stat. §765.02 (1999–2000)
Wyoming
18
Wyo. Stat. Ann. §20–1–102 (Lexis 2003)
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