NCJ Number
115987
Journal
Violence and Victims Volume: 4 Issue: 1 Dated: (Spring 1989) Pages: 67-72
Date Published
1989
Length
6 pages
Annotation
This article examines the U.S. Supreme Court's position on capital punishment as a violation of the 8th Amendment's prohibition against cruel and unusual punishment, with special emphasis on the Court's 1988 holding in Thompson v. Oklahoma regarding the execution of a juvenile under the age of 16.
Abstract
The Court's reasoning in Thompson v. Oklahoma is reported in detail as it considered whether the execution of a 15-year-old violates the 8th Amendment by imposing cruel and unusual punishment. The Court assessed the facts of the case, along with community standards of decency regarding punishment for capital offenses, the developmental maturity of adolescents, and society's purposes in imposing the death sentence. After weighing these elements, a majority of the Court concluded that the 8th Amendment does prohibit the execution of an individual who was under 16 years of age at the time of his or her offense. Concurring and dissenting opinions are also discussed in detail.