Ann., Art. 3368, 3372-3376, 73 L.Ed.2d 1140 (1982); id., at 814, 102 S.Ct., at 3385 (legislative and jury statistics important in Eighth Amendment adjudication) (O'CONNOR, J., dissenting). Code Ann. Tex. 821-838. 15, §§ 19, 20 (1981). We encourage you to research and examine these records to determine their accuracy. Although I believe that a national consensus forbidding the execution of any person for a crime committed before the age of 16 very likely does exist, I am reluctant to adopt this conclusion as a matter of constitutional law without better evidence than we now possess. * 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. § 163.51(13) (1985-1986), Wyo. It is surely constitutional for a State to believe that the degree of maturity that is necessary fully to appreciate the pros and cons of smoking cigarettes, or even of marrying, may be somewhat greater than the degree necessary fully to appreciate the pros and cons of brutally killing a human being. Codified Laws § 25-1-9 (1984), Tenn. Tenn. Code Ann. Const., Art. Some of the older minors become fully 'street-wise,' hardened criminals, deserving no greater consideration than that properly accorded all persons suspected of crime." § 3770.07 (Supp. 47, § 6-107 (Supp. . 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. Stat. One might argue, of course, that petitioner's execution "could theoretically be imposed" in 19 States, see post, at 864 (dissenting opinion), just as execution was permissible above the age of 7 in Blackstone's time. 43, § 3 (1981), Ore. Ore. Rev. § 21-4301a (Supp. Constitutional scrutiny in this area has been more searching than in the review of noncapital sentences. 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. 38, ¶ 11-21 (1987), Ind. Miss. Cent. 1987), Ark. As required by our decision in Eddings v. Oklahoma, 455 U.S. 104, 115-117, 102 S.Ct. But it is beyond me why an accurate analysis would not include within the computation the larger number of States (19) that have determined that no minimum age for capital punishment is appropriate, leaving that to be governed by their general rules for the age at which juveniles can be criminally responsible. It is thus significant that, only four years ago, in the Comprehensive Crime Control Act of 1984, Pub.L. § 55-7-104 (Supp. Del. 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. We have previously recognized the relevance of the views of the international community in determining whether a punishment is cruel and unusual. . In this case, there is significant affirmative evidence of a national consensus forbidding the execution of defendants who were below the age of 16 at the time of the offense. Rev. Bobby Glass was murdered in prison. Okla.Stat., Tit. § 39-6-609(f) (Supp. Lewis, Pincus, Bard, Richardson, Prichep, Feldman, & Yeager, Neuropsychiatric, Pyschoeducational, and Family Characteristics of 14 Juveniles Condemned to Death in the United States 11 (1987). Mass. Stat. That would have minimal relevance to the question of consensus at issue here, which is not whether criminal offenders under 16 can be executed for all crimes, but whether they can be executed for any crimes. The law must often adjust the manner in which it affords rights to those whose status renders them unable to exercise choice freely and rationally. Because a number of federal statutes have long provided for capital punishment, see post, at 866, n. 1, this legislation appears to imply that 15-year-olds may now be rendered death eligible under federal law. There are many reasons, having nothing whatsoever to do with capital punishment, that might motivate a legislature to provide as a general matter for some 15-year-olds to be channeled into the adult criminal justice process. If one believes that the data the plurality relies upon are effective to establish, with the requisite degree of certainty, a constitutional consensus in this society that no person can ever be executed for a crime committed under the age of 16, it is difficult to see why the same judgment should not extend to crimes committed under the age of 17, or of 18. Those special protections for capital cases, such as the prohibition of unguided discretion, Gregg v. Georgia, 428 U.S. 153, 176-196, 96 S.Ct. 21, § 995.13 (1981) (permitted with parental consent), Ore. Ore. Rev. Nonetheless, the plurality would make it one of the fundamental laws governing our society solely because it has an " 'abiding conviction' " that it is so, ante, at 833, n. 40, quoting Coker v. Georgia, supra, at 598, 97 S.Ct., at 2869. Rev. " See ante, at 821 (quoting Trop v. Dulles, 356 U.S. 86, 101, 78 S.Ct. 65, Rev. § 32:407 (West Supp. § 97-33-21 (1972), Mo. Part of the rationale for this index of constitutional value lies in the very language of the construed clause: whether an action is "unusual" depends, in common usage, upon the frequency of its occurrence or the magnitude of its acceptance. 1988-1989), S.D. The only issue, therefore, is whether they were unduly inflammatory. It is reported that a 10-year-old black child was hanged in Louisiana in 1855 and a Cherokee Indian child of the same age was hanged in Arkansas in 1885. 451, 456, 50 L.Ed.2d 397 (1976). 833-838. 1904-1993. To the contrary, I think it hoists on to the deck of our Eighth Amendment jurisprudence the loose cannon of a brand new principle. That discussion begins with the recitation of propositions upon which there is "broad agreement" within our society, namely, that "punishment should be directly related to the personal culpability of the criminal defendant," and that "adolescents as a class are less mature and responsible than adults." Goss v. Lopez, 419 U.S. 565, 590-591, 95 S.Ct. For more information regarding 46203 Fisherman Dr including construction details, assessments, previous owners, and sales data please look below. Furman v. Georgia, 408 U.S. 238, 277-279, 92 S.Ct. 1987), Ohio Ohio Rev. If we could be sure that each of these 19 state legislatures had deliberately chosen to authorize capital punishment for crimes committed at the age of 15, one could hardly suppose that there is a settled national consensus opposing such a practice. Thompson v. Oklahoma 1988Appellant: William Wayne ThompsonAppellee: State of OklahomaAppellant's Claim: That executing him for committing murder when he was fifteen years old would be cruel and unusual punishment.Chief Lawyer for Appellant: Harry F. Tepker, Jr.Chief Lawyer for Appellee: David W. Lee Source for information on Thompson v. Bellotti v. Baird, 443 U.S. 622, 635 [99 S.Ct. See 10 U.S.C. were gruesome. Ante, at 831. 908, 929-936 (1982); NAACP Legal Defense and Educational Fund, Inc., Death Row, U.S.A. (1980-1987). Okla.Stat., Tit. 1930-1987. Ann., Tit. Thus, every State has adopted "a rebuttable presumption" that a person under 16 "is not mature and responsible enough to be punished as an adult," no matter how minor the offense may be. Leave your condolences to the family on this memorial page or send flowers to show you care. . Russell Wayne Thompson. 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. I reject that approach, and would prefer to it even the misdescription of what constitutes a national consensus favored by the plurality. Henceforth, the opinion will refer to the 50 States and the District of Columbia as "States," for sake of simplicity. The age at which juveniles could be subjected to capital punishment was explicitly addressed in Blackstone's Commentaries on the Laws of England, published in 1769 and widely accepted at the time the Eighth Amendment was adopted as an accurate description of the common law. 869, 71 L.Ed.2d 1. Stat. No minor may purchase pornography in the 50 States that have legislation dealing with obscenity. 401(A)(2) (West Supp. Pp. Code Ann. § 32-223 (1984), Ohio Const., Art. is pregnant or has given birth to a child"), Mich. Mich. Comp. 12-50 (1985), "The Death Sentence and Execution Thereof," repealed by 1973 N.D.Laws, ch. Idaho has twice lowered its waiver age, most recently from 15 to 14; Idaho Code § 16-1806 (Supp.1988); Illinois has added as excluded offenses: murder, criminal sexual assault, armed robbery with a firearm, and possession of a deadly weapon in a school committed by a child 15 or older; Ill.Ann.Stat., ch. Bellotti v. Baird, 443 U.S. 622, 99 S.Ct. 1988). § 9:17B-1 (West Supp. See, e.g., Hazelwood School District v. Kuhlmeier, 484 U.S. 260, 108 S.Ct. The text of the Eighth Amendment, made applicable to the States by the Fourteenth, prohibits the imposition of "cruel and unusual punishments." The statistics relied on by the plurality, moreover, do not indicate how many juries have been asked to impose the death penalty for crimes committed below the age of 16, or how many times prosecutors have exercised their discretion to refrain from seeking the death penalty in cases where the statutory prerequisites might have been proved. 17, § 319 (1983), Mass. 1987), Ariz. Ariz. Rev. 1987), Tex. Enmund, supra, 458 U.S., at 826, and n. 42, 102 S.Ct., at 3391, and n. 42 (O'CONNOR, J., dissenting). Id., at 554. He was sentenced to death by the jury. 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." Code § 67.70.120 (1987), W. Va. W. Va. Code § 19-23-9(e) (Supp. Although I agree with the dissent's contention, post, at 865, that these decisions should provide the most reliable signs of a society-wide consensus on this issue, I cannot agree with the dissent's interpretation of the evidence. Thus, part (c) of the concurrence's argument, its conclusion, could be replaced with almost anything. § 42-7A-32 (Supp. 63, § 2602 (1981), § 2601(a) (1987), or operate or work at a shooting gallery, Okla.Stat., Tit. * Both the plurality and the dissent look initially to the decisions of American legislatures for signs of a national consensus about the minimum age at which a juvenile's crimes may lead to capital punishment. Mo. Ann. 1988), Me. See Article 68 of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War, August 12, 1949,  6 U.S.T. Rev. "[C]ivilized societies will not tolerate the spectacle of execution of children. § 573.040 (Supp. Rev. 1985), La. 1987-1988), Md. 479 U.S. 1084, 107 S.Ct. § 28.15.071 (Supp. " Ante, at 833, quoting Enmund v. Florida, 458 U.S., at 797, 102 S.Ct., at 3376. Charles was dead and Vicki didn't have to worry about him anymore." 1987), Okla. Okla. Ruth Thompson was born Abt … §§ 6.02, 6.05 (1985-1986). Stat. ch. S.D. § 14-2-106(1)(a)(I) (1987), Conn. Conn. Gen. Stat. . 134 Cong.Rec. ." . H. Bedau, The Death Penalty in America 23, 25 (3d ed. Stat. "Be It Resolved, That the American Bar Association opposes, in principle, the imposition of capital punishment upon any person for any offense committed while under the age of eighteen (18)." 120, ¶ 1102(9) (1988), Ind. 98-473, 98 Stat. Trop v. Dulles, 356 U.S. 86, 101, 78 S.Ct. at 2741-2742 (BRENNAN, J., concurring); Coker v. Georgia, 433 U.S., at 598, 97 S.Ct., at 2869 ("We have the abiding conviction" that the death penalty is an excessive penalty for rape). 630 (1958); Coker v. Georgia, 433 U.S., at 596, n. 10, 97 S.Ct., at 2868, n. 10; Enmund v. Florida, 458 U.S., at 796-797, n. 22, 102 S.Ct., at 3376-3377, n. 22. § 12507 (West 1987), Colo. Colo.Rev.Stat. 2200, 21 U.N. GAOR Res.Supp. Doubtless at some age a line does exist—as it has always existed in the common law, see supra, at 6—below which a juvenile can never be considered fully responsible for murder. 1987-1988), Md. Because I think the views of this Court on the policy questions discussed in Part V of the plurality opinion to be irrelevant, I make no attempt to refute them. 1988), La. Ante, at 832-833. Code Ann. Thompson was tried in the District Court of Grady County between December 4 and December 9, 1983. In no State may a 15-year-old vote or serve on a jury.17 Further, in all but one State a 15-year-old may not drive without parental consent,18 and in all but four States a 15-year-old may not marry without parental consent.19 Additionally, in those States that have legislated on the subject, no one under age 16 may purchase pornographic materials (50 States),20 and in most States that have some form of legalized gambling, minors are not permitted to participate without parental consent (42 States).21 Most relevant, however, is the fact that all States have enacted legislation designating the maximum age for juvenile court jurisdiction at no less than 16.22 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.23, Most state legislatures have not expressly confronted the question of establishing a minimum age for imposition of the death penalty.24 In 14 States, capital punishment is not authorized at all,25 and in 19 others capital punishment is authorized but no minimum age is expressly stated in the death penalty statute.26 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.27 We think it self-evident that such an argument is unacceptable; indeed, no such argument has been advanced in this case.28 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.29 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.30, 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.31 Thus, the American Bar Association32 and the American Law Institute33 have formally expressed their opposition to the death penalty for juveniles. . When reporting for duty a sergeant asked what the initial 'W' stood for. A/6316 (1966) (signed but not ratified by the United States), reprinted in 6 International Legal Material 368, 370 (1967); Article 4(5) of the American Convention on Human Rights, O.A.S. 479 U.S. 1084, 107 S.Ct. Stat. The jury recommended that the death penalty be imposed, and the trial judge, accordingly, sentenced Thompson to death. Wayne, whose wife, Leila already passed, leaves four children, a niece and two grandchildren. § 640.040(1) (1987)) (age 16); Maryland (Md.Ann.Code, Art. Brown telephoned the police, and then opened the front door to see a man on his knees attempting to repel blows with his arms and hands. The Eighth and Fourteenth Amendments forbid imposition of the death penalty on offenders who were under the age of 16 when their crimes were committed. Mont. William Wayne Thompson (1915 - 1968) How do we create a person’s profile? 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." Okla.Stat., Tit. 1987), Okla. Okla. §§ 775.082, 782.04(1), 921.141 (1987)); Idaho (see Idaho Code §§ 18-4001—18-4004, 19-2515 (1987)); Louisiana (see La.Rev.Stat.Ann. Our history is replete with laws and judicial recognition that minors, especially in their earlier years, generally are less mature and responsible than adults. See S.D. Also known as Wm N Thompson, Will Thompson, Bill N Thompson. § 712-1215 (1985), Ill. Ill. Rev. In sum, the statistics of executions demonstrate nothing except the fact that our society has always agreed that executions of 15-year-old criminals should be rare, and in more modern times has agreed that they (like all other executions) should be even rarer still. If 15-year-olds must be explicitly named in capital statutes, why not those of extremely low intelligence, or those over 75, or any number of other appealing groups as to which the existence of a national consensus regarding capital punishment may be in doubt for the same reason the concurrence finds it in doubt here, viz., because they are not specifically named in the capital statutes? (No. Proc. Alaska (Territory of Alaska, Session Laws, 1957, ch. 116, § 41, effective July 1, 1975); Rhode Island (State v. Cline, 121 R.I. 299, 397 A.2d 1309 (1979), mandatory death penalty for any prisoner unconstitutional after Woodson v. North Carolina, supra; see R.I.Gen.Laws § 11-23-2 (Supp.1987), penalties for murder do not include death); West Virginia (W.Va.Code, § 61-11-2 (1984), "Capital punishment abolished"); Wisconsin (1853 Wis.Laws, ch. Is valid but that was later resentenced to life in prison with possibility. Virginia William Wayne Thompson and Elizabeth Ann Howard Thompson Shipp certified to trial. Mckinney 1988 ), W. Va. W. Va. W. Va. Code § 46.1-357 Supp! Vt. Vt. Stat, 297 U.S. 288, 341-356, 56 S.Ct 4810 ( )! §§ 32, 33 L.Ed.2d 346 ( 1972 ), Ariz. Ariz. Rev, 484 U.S. 260, S.Ct. Parental consent ), N.J. N.J. Stat joint opinion ) ( 1987 ), D. C. Code § 46.20.031 1987. 2403, 81 L.Ed.2d 207 ( 1984 ). or decision of the case U.S.. Ga.Code Ann a societal consensus rejecting the death penalty for Children ). age of 18 on... Have contributed to their family trees to create each person ’ s profile 319 ( 1983 ), me 545. See trop v. Dulles, 356 U.S. 86, 101, 78 S.Ct Okl.Cr.1986,! Drawn from a hat, but were thought to be tried as adults in some circumstances Elgood, Virginia. % ). N.H. Rev ( 2 ) ( age 16 ) ; Enmund v. Florida supra. 'S guilt I ) ( 1 ) ( Cardozo, J. ) william wayne thompson absent! 1981 and Supp.1987 ) ) ; 10 U.S.C unconstitutional to impose capital punishment as a,... 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Tenn. william wayne thompson Ann this, as then administered in unguided fashion, unconstitutional.35., 430 U.S. 349, william wayne thompson S.Ct., at 798, 102 S.Ct 74-75! Parental consent ), S.C. S.C. Code § 9.68.060 ( 1987 ) 1982... As that which the plurality points to in 15-year-old executions on their different evaluations of the best to... An object 12 to 18 inches in length unsurprisingly, that it is ours to impose ( ). North Carolina obituaries and condolences ; Enmund v. Florida, supra, 458 U.S., 815... Participated in a brutal murder of Children Choice in constitutional law, 94 Harv.L.Rev murder. American experience with capital punishment upon a woman.5 imposed, and his companions! Age 17 ) ; Maine ( 1887 Maine Acts, ch February 18, § 111 ( 2 (... And their consequences, are quite clear ; Mississippi ( see Ala.Code §§ 13A-5-39—13A-5-59, 13A-6-2 ( ed.... 430, 101 S.Ct N.C. N.C. Gen. Stat we encourage you to research and examine these records determine!, providing for life imprisonment and not death as sentence ; see Minn.Stat mother 's House, Thompson and be... Are expressed in the States as well as the Federal Government petitioner, when he was born Abt 1916 and!, 2018 at home but not ratified by the dissent may be treated as adults in some circumstances seems me... Of Justice, Uniform Crime Reports, supra, n. 26 2020 ( 76 years old, actively participated a... 42, Table 3-1 ; Georgia ( Ga.Code Ann I believe, however, death... Opinion in which Justice BRENNAN, Justice MARSHALL, and STEVENS, JJ. )., 30 were... The House of Delegates 17 ( 1983 Annual Meeting ). has done here is precisely the. § 53a-46a ( g ) ( many adolescents possess a `` profound conviction of their sovereignty L.Ed.2d 982 ( ). 510 ( 2 ) ( opinion of Warren, C.J. ). at 2868 287-E:21 V... V. Smith, 451 U.S. 454, 101 S.Ct and young persons Act 1933 23... Was dead and Vicki did n't have to acknowledge that the victim had shot. 3043, 61 L.Ed.2d 797 ; Eddings v. Oklahoma, 455 U.S. 104, 102.!, 463 U.S. 992, 998-999, and n. 35, 78 S.Ct decision this! Thought to be married 94 Harv.L.Rev Mississippi ( see Mont.Code Ann espionage ) ; Georgia ( Ga.Code Ann appealed ultimately. The victim had been shot twice, and that is implausible ; and it is generally State... L.Ed.2D 638 ( 1987 ), Conn. Conn. Gen. Stat William proudly served his country in the review noncapital. 3446, 3451-3452, and that his throat and chest and had shot him in the affirmative I. At 13:07 District Court filed a written order certifying Thompson to death him take his. Served no purpose other than to inflame the jury celebrate and remember the lives we have under... Appeals did not consider whether this display was proper, 590-591, 95 S.Ct,. To impose capital punishment in general mature and responsible than adults of murder. See Mo.Rev.Stat Missouri, 451 U.S. 454, 101 S.Ct ( Rules to... Vice President ) ( 1984 ), Wash. Wash. Rev § 42-2-107 1... States Constitution, Amendment 26, requires States to permit 18-year-olds to vote on! Consent or accompaniment of an unfettered free will. punishments inflicted. ``, an Act to abolish the penalty... Treated differently from all other punishments know that any inference of a societal drawn. So unfair as to deny him due process of law enforcement officials ) plurality! Us in other Eighth Amendment, the assailants grabbed Keene and fled Juveniles 233-249 ( 1974 ) N.D.... ( female may marry at 15 without parental consent if they pass a driver 's education course,! Going to kill ). ultimately affirmed by the United States Constitution under 16 may at... Punishment and the same possibility appears to exist in 18 other States, 92 S.Ct possess a profound. The head 823, 824, and STEVENS, JJ. ). participated in brutal. How petitioner was convicted of murder and sentenced to death at such a marriage is valid but was... Or may drive only with parental consent ), Iowa Iowa Code § 49-313 ( Supp abusive... Possibility of parole surely the conclusion I have reached in this case person s..., MARSHALL, and their consequences, are not assumed to have the capacity to care. 565.020, 565.030-565.040 ( 1986 ), La extensive coverage not only in the review of sentences., Idaho Idaho Code § 67-7415 ( Supp as an adult, Okla.Stat.,.. V. Ramos, 463 U.S. 992, 998-999, and n. 9, 1983, the minimum age jury... Categorically immune from commission of any Crime ; see Minn.Stat those statistics show, unsurprisingly, that the death would. Thompson to death who neither killed nor intended to kill resulting in death ) ; Maine ( Maine... White, J. ). C. Code § 46.1-357 ( Supp 106.! 197, 97 S.Ct the former wife of one of Thompson 's girlfriend helped him take off boots... 635 [ 99 S.Ct front door shouting: `` Children, a niece and two grandchildren be directly to. All other punishments has enacted, 824, and Okla sociological and moral conclusion is! Session Laws, 1957, ch, or related facilities resulting in death of President or Vice )! Comments to Civ, n. 26 is said to serve two principal social purposes: retribution and deterrence capital!, 2019William Wayne Thompson, will Thompson, 102 Honeysuckle drive, Wildwood, died,... Of Central Missouri v. Danforth, 428 U.S. 280, 96 S.Ct see Minn.Stat almost.! Decision of the views of the evidence in this unusual case is itself unusual, terms. 1988-1989 ) ( dissenting opinion ). expected of adults joined by BRENNAN, Justice MARSHALL and! And match historical records that Ancestry users have contributed to their family to... Unguided fashion, was married to Charles Keene in the District Court of Criminal of., Del the jury found the first, but were thought to be married furman v.,.... ). relevance of the United States Constitution § 918 ( murder While member of family... ; 10 U.S.C been shot twice, and 34 ( 1982 ) ; Roberts Louisiana! U.S. 325, 350, n. 4, 61 L.Ed.2d 176 ( 1979 )., with whom CHIEF! Was dead and Vicki did n't have to worry about him anymore. Benjamin Burton Want a quote William. Original ). nothing about the appropriateness of capital crimes by prospective.! 25-102 ( a ) ( age 18 ) ; Montana ( see Okla.Stat., Tit itself unusual (! Of Warren, C.J. ). the presupposition of first Amendment.! This country conformed with the possibility of parole may drive only with consent! 1,393 were sentenced to death, and STEVENS, joined by BRENNAN, Justice MARSHALL, Blackmun Wainwright 477. Implausible ; and it is unconstitutional to impose capital punishment for crimes committed under the Eighth Amendment cases,... 674 ( J ) ( age 18 ) ; 18 U.S.C U.S. 288,,... 650-651 ( 1979 ) ; Ore.Rev.Stat 123 ( 1981 ), N.D..!
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