She recommended that he be certified to stand trial as an adult. Petitioner was convicted of first-degree murder and sentenced to death. 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. The focus on the acceptability and regularity of the death penalty's imposition in certain kinds of cases—that is, whether imposing the sanction in such cases comports with contemporary standards of decency as reflected by legislative enactments and jury sentences—is connected to the insistence that statutes permitting its imposition channel the sentencing process toward nonarbitrary results. Miss. Pp. Code § 39-06-08 (1987), Ohio Ohio Rev. . Ann., Tit. On the basis of the foregoing testimony, the District Court filed a written order certifying Thompson to stand trial as an adult. It is also supported by the familiar principle—applied in different ways in different contexts—according to which we should avoid unnecessary, or unnecessarily broad, constitutional adjudication. Pp. Del. See, e.g., Robinson v. California, 370 U.S. 660, 82 S.Ct. In fact, however, the statistics relied on by the dissent may be quite misleading. . § 167.065 (1987), R.I. R.I. Gen. Laws § 11-31-10 (Supp.1987), S.C. S.C. Code § 16-15-385 (Supp. In all States but four, 15-year-olds may not marry without parental consent. § 63-1-23 (Supp. 1197, 51 L.Ed.2d 393 (1977); Estelle v. Smith, 451 U.S. 454, 101 S.Ct. 562, 98 L.Ed.2d 592 (1988); Schall v. Martin, 467 U.S. 253, 104 S.Ct. Legal theories . As a sociological and moral conclusion that is implausible; and it is doubly implausible as an interpretation of the United States Constitution. Petitioner, when he was 15 years old, actively participated in a brutal murder. Placing restraints upon the manner in which the States make their laws, in order to give 15-year-old criminals special protection against capital punishment, may well be a good idea, as perhaps is the abolition of capital punishment entirely. 1987), Ore. Ore. Rev. Oklahoma Stat., Tit. It is whether there is a national consensus that no criminal so much as one day under 16, after individuated consideration of his circumstances, including the overcoming of a presumption that he should not be tried as an adult, can possibly be deemed mature and responsible enough to be punished with death for any crime. These laws appear to render 15-year-olds death eligible, and thus pose a real obstacle to finding a consensus. Stat. [I]t is the task of the judge in this generation to discern how the framers' values, defined in the context of the world they knew, apply to the world we know. When the Federal Government, and almost 40% of the States, including a majority of the States that include capital punishment as a permissible sanction, allow for the imposition of the death penalty on any juvenile who has been tried as an adult, which category can include juveniles under 16 at the time of the offense, it is obviously impossible for the plurality to rely upon any evolved societal consensus discernible in legislation—or at least discernible in the legislation of this society, which is assuredly all that is relevant.4 Thus, the plurality falls back upon what it promises will be an examination of "the behavior of juries." "[C]ivilized societies will not tolerate the spectacle of execution of children. Stat., Tit. Includes Address(8) Phone(11) Email(1) See Results. . Justice O'CONNOR, concurring in the judgment. Law § 510(2) (McKinney Supp. Ann. 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. . View obituary. The very real possibility that this result was not considered is illustrated by the recent federal legislation, cited by the dissent, which lowers to 15 the age at which a defendant may be tried as an adult. See Enmund v. Florida, 458 U.S., at 801, 102 S.Ct., at 3378 (death penalty for one who neither kills nor intends to kill "does not measurably contribute to the retributive end of ensuring that the criminal gets his just deserts"); Ford v. Wainwright, 477 U.S. 399, 106 S.Ct. December 25, 2020 (76 years old) View obituary. 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. Article 6(5) of the International Covenant on Civil and Political Rights, Annex to G.A.Res. Stat., Tit. 1988), Me. 3035, 3053, 61 L.Ed.2d 797 (1979) (STEVENS, J., joined by BRENNAN, MARSHALL, and BLACKMUN, JJ., concurring in judgment) (same), with Akron v. Akron Center for Reproductive Health, Inc., 462 U.S. 416, 469, n. 12, 103 S.Ct. 23A-27A (1988)). . Thompson v. Oklahoma William Wayne Thompson was a 15-year-old repeat offender from Grady County, Oklahoma. Lewis, Pincus, Bard, Richardson, Prichep, Feldman, & Yeager, Neuropsychiatric, Pyschoeducational, and Family Characteristics of 14 Juveniles Condemned to Death in the United States 11 (1987). §§ 939.50(3)(a), 940.01 (1985-1986), first-degree murder is a Class A felony, and the penalty for such felonies is life imprisonment). Cf. 1976, 29 L.Ed.2d 647 (1971); Ginsberg v. New York, 390 U.S. 629, 88 S.Ct. Show all locations and family . 951/2, ¶ 6-103 (1987), Ky. Ky. Rev. See post, at 861-862; ante, at 828, n. 26. Stat. 31 (respondent suggests a minimum age of 14); post, at 872 (dissent agrees that some line exists); post, at 848 (concurrence similarly agrees). He was a retired registered occupational therapist for medical rehabilitation. Stat. § 1111); 18 U.S.C. 1987), Ark. Const., Amdt. Ante, at 832-833. Stat. Mont. They are not. Tex. Ann. 40, ¶ 203(1) (1987), Ind. 387, providing for life imprisonment and not death as sentence; see Minn.Stat. See Garvey, Freedom and Choice in Constitutional Law, 94 Harv.L.Rev. For both a statutory scheme that fails to guide jury discretion in a meaningful way, and a pattern of legislative enactments or jury sentences revealing a lack of interest on the part of the public in sentencing certain people to death, indicate that contemporary morality is not really ready to permit the regular imposition of the harshest of sanctions in such cases. 1987), Ky. Ky. Rev. Law Code Ann. But compare Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52, 74-75, 96 S.Ct. 133, an Act to abolish the death penalty; see Me.Rev.Stat.Ann., Tit. § 176.025 (1987)) (age 16); New Hampshire (N.H.Rev.Stat.Ann. For more information regarding 46203 Fisherman Dr including construction details, assessments, previous owners, and sales data please look below. 1988). 466, 480-487, 80 L.Ed. 11, §§ 636, 4209 (1987)); Florida (see Fla.Stat. Thus, there is the danger that any inference of a societal consensus drawn from the evidence in this case might be mistaken. . Particularly 'during the formative years of childhood and adolescence, minors often lack the experience, perspective, and judgment' expected of adults. Bobby Glass was murdered in prison. Stat.Ann., Tit. 837, 841, 93 L.Ed.2d 934 (1987) (O'CONNOR, J., concurring). The restrictions that we have required under the Eighth Amendment affect both legislatures and the sentencing authorities responsible for decisions in individual cases. This is how petitioner was rendered death eligible, and the same possibility appears to exist in 18 other States. 63, § 2602 (1981), § 2601(a) (1987), or operate or work at a shooting gallery, Okla.Stat., Tit. . WILLIAM WAYNE THOMPSON, 77. Laws § 551.103 (1988), Miss. Thompson also told her that he had cut Charles' throat and chest and had shot him in the head. Between 1930 and 1955, for example, 30 women were executed in the United States. 1904-1993. 98-473, 98 Stat. However, in Michigan, that 15-year-old may not be executed—because the State has abolished the death penalty and, in Oregon, that 15-year-old may not be executed—because the State has expressly set a minimum age of 18 for executions—but, in Virginia, that 15-year-old may be executed—because the State has a death penalty and has not expressly addressed the issue of minimum age for execution. The evidence at trial left no doubt that on the night of January 22-23, 1983, Thompson brutally and with premeditation murdered his former brother-in-law, Charles Keene, the motive evidently being, at least in part, Keene's physical abuse of Thompson's sister. Contrary to the dissent's suggestion, the conclusion I have reached in this case does not imply that I would reach a similar conclusion in cases involving "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 . Find William Thompson's phone number, address, and email on Spokeo, the leading online directory for contact information. 42, § 9711 (1982 and Supp.1987)); South Carolina (see S.C.Code §§ 16-3-10, 16-3-20 (1985 and Supp.1987)); South Dakota (see S.D.Codified Laws §§ 22-16-4, 22-16-12, 23A-27A-1—23A-27A-41 (1988)); Utah (see Utah Code Ann. 1988), Ky. Rev. In addition, three major human rights treaties explicitly prohibit juvenile death penalties. 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. § 43.24 (1974), Utah Utah Code Ann. That the task of interpreting the great, sweeping clauses of the Constitution ultimately falls to us has been for some time an accepted principle of American jurisprudence. While it is not known precisely how many persons have been executed during the 20th century for crimes committed under the age of 16, a scholar has recently compiled a table revealing this number to be between 18 and 20.36 All of these occurred during the first half of the century, with the last such execution taking place apparently in 1948.37 In the following year this Court observed that this "whole country has traveled far from the period in which the death sentence was an automatic and commonplace result of convictions. §§ 14:30(C), 14:113 (West 1986); La.Code Crim.Proc.Ann., Art. Ark. His full name is William Wayne Thompson, but he had always gone by W. Wayne. § 21-4301a (Supp. 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. § 23-5-506 (1987), Neb. § 1992 (willful wrecking of train resulting in death); 18 U.S.C. Without such data, raw execution and sentencing statistics cannot allow us reliably to infer that juries are or would be significantly more reluctant to impose the death penalty on 15-year-olds than on similarly situated older defendants. Bellotti v. Baird, 443 U.S. 622, 99 S.Ct. Thompson's attorneys first attempted to appeal the case on the basis of inflammatory photographs used by the prosecution to allegedly provoke the jury. 1982). 31, § 674(J) (1986), Wash. Wash. Rev. and Supp. It is only upon such a premise . 59, § 1511(C)(1) (Supp.1981), consent to services by health professionals for most medical care, unless married or otherwise emancipated, Okla.Stat., Tit. § 4507.07 (Supp. . Code Ann., Art. Const., Art. 10, § 1101(1) (Supp.1987) provides: " 'Child' means any person under eighteen (18) years of age, except for any person sixteen (16) or seventeen (17) years of age who is charged with murder, kidnapping for purposes of extortion, robbery with a dangerous weapon, rape in the first degree, use of a firearm or other offensive weapon while committing a felony, arson in the first degree, burglary with explosives, shooting with intent to kill, manslaughter in the first degree, or nonconsensual sodomy.". See U.S. Dept. Const., Art. Stat. 13, § 2802 (1974), Wash. Wash. Rev. § 66-5-11 (1984), N.Y. N.Y. Veh. Alaska (Territory of Alaska, Session Laws, 1957, ch. The disagreements between the plurality and the dissent rest on their different evaluations of the evidence available to us about the relevant social consensus. § 483.250 (1987), N.H. N.H. Rev. 1987), Okla. Okla. The narrow conclusion I have reached in this case is consistent with the underlying rationale for that principle, which was articulated many years ago by Justice Jackson: "We are not final because we are infallible, but we are infallible only because we are final." 2726, 2746-2747, 33 L.Ed.2d 346 (1972) (BRENNAN, J., concurring). Only three were executed between then and 1986—and none in the 22-year period between 1962 and 1984. I reject that proposition in the sense intended here. § 51-2 (Supp. 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). At the guilt phase of petitioner's trial, the prosecutor introduced three color photographs showing the condition of the victim's body when it was removed from the river. To avoid this danger we have, when making such an assessment in prior cases, looked for objective signs of how today's society views a particular punishment. 27, § 412(f) (1988)) (age 18); Nebraska (Neb.Rev.Stat. § 76-10-1206 (1978), Vt. Vt. Stat. § 260.125, subd. See also Ollman v. Evans, 242 U.S.App.D.C. Harry F. Tepker, Jr., Norman, Okl., for petitioner. 301, 326-327, 750 F.2d 970, 995-996 (1984) (en banc) (Bork, J., concurring): "Judges given stewardship of a constitutional provision . Furman v. Georgia, 408 U.S. 238, 277-279, 92 S.Ct. V. Streib, Death Penalty for Juveniles 190-208 (1987) (compiling information regarding all executions in this country from 1620 through 1986 for crimes committed while under age 18; uncertainty between 18 and 20 because of two persons executed who may have been either 15 or 16 at time of crime). 12-50 (1985), "The Death Sentence and Execution Thereof," repealed by 1973 N.D.Laws, ch. Ann. Laws Ann. There is absolutely no basis, however, for attributing that phenomenon to a modern consensus that such an execution should never occur—any more than it would have been accurate to discern such a consensus in 1927 when, despite a level of total executions almost five times higher than that of the post-1950 period, there had been no execution for crime committed by juveniles under the age of 16 for almost 17 years. The Court of Criminal Appeals did not consider whether this display was proper. Ibid. Thompson appealed, and his conviction and capital sentence were affirmed. 1987), Okla. Okla. William Wayne Thompson, Sr. A Bardstown resident, William Wayne Thompson Sr, age 63, passed Saturday, June 4, 2016 at Robley Rex VA Hospital in Louisville. His sister, Vicki, was married to Charles Keene, who was accused of beating Vicki and William. Tex. Raymond Lee Allen Elkin, North Carolina. The fact that the 18 legislatures that have expressly considered the question have set the minimum age for capital punishment at 16 or above, coupled with the fact that 14 other States have rejected capital punishment completely, suggests the existence of a consensus. 821-838. § 11-25-109(c) (Supp. "I'm glad it's over," Thompson said Thursday in a telephone interview from his death row cell at … § 32-223 (1984), Ohio Const., Art. We have rejected both legislative restrictions on the mitigating evidence that a sentencing authority may consider, e.g., Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. 3368, 3375-3376, 73 L.Ed.2d 1140 (1982); id., at 818-819, 102 S.Ct., at 3387-3388 (O'CONNOR, J., dissenting). 29, § 585 (Supp. Nor is there evidence that 15-year-olds as a class are inherently incapable of being deterred from major crimes by the prospect of the death penalty. Code Ann. T.L.O., 469 U.S. 325, 350, n. 2, 105 S.Ct. 27, § 419 (1987), Mass. )); ante, at 827—829; post, at 864-865, 872. Ante, at 829. Rev. 869, 877-878, 71 L.Ed.2d 1 (1982), the defense was permitted to argue to the jury the youthfulness of the defendant as a mitigating factor. One of them was beating the victim with an object 12 to 18 inches in length. § 9:17B-1 (West Supp. That Eighth Amendment jurisprudence must reflect "evolving standards of decency" was settled early this century in the case of Weems v. United States, 217 U.S. 349, 30 S.Ct. It is in this way that paternalism bears a beneficent face, paternalism in the sense of a caring, nurturing parent making decisions on behalf of a child who is not quite ready to take on the fully rational and considered task of shaping his or her own life. No. Haw. 1852, 68 L.Ed.2d 270 (1981). S. Fox, The Juvenile Court: Its Context, Problems and Opportunities 11-12 (1967) (publication of the President's Commission on Law Enforcement and Administration of Justice). See also Woodson v. North Carolina, 428 U.S. 280, 293, 96 S.Ct. Code § 31-7-1-6 (Supp. December 24, 2020 (72 years old) View obituary. § 8-104 (1984), Mich. Comp. Stat. 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. It soon proceeds, however, to the conclusion that "[g]iven the lesser culpability of the juvenile offender, the teenager's capacity for growth, and society's fiduciary obligations to its children," none of the rationales for the death penalty can apply to the execution of a 15-year-old criminal, so that it is " 'nothing more than the purposeless and needless imposition of pain and suffering.' 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. Laws § 257.308 (1979), Miss. Dawn Thompson, Wayne Thompson, Carl Thompson. It is appropriate, therefore, to examine other evidence that might indicate whether or not these statutes are inconsistent with settled notions of decency in our society. 613, 614-615 (1983) (hereinafter Streib, Death Penalty for Children). Ann. See Streib, Death Penalty for Children: The American Experience with Capital Punishment for Crimes Committed While under Age Eighteen, 36 Okla.L.Rev. Someone pounded on his front door shouting: "Possum, open the door, let me in. See also M. Hale, Pleas of the Crown *22 (describing the age of absolute incapacity as 12 and the age of presumptive incapacity as 14); Kean, The History of the Criminal Liability of Children, 53 L.Q.Rev. Thus, while the concurrence purports to be adopting an approach more respectful of States' rights than the plurality, in principle it seems to me much more disdainful. These characteristics, however, vary widely among different individuals of the same age, and I would not substitute our inevitably subjective judgment about the best age at which to draw a line in the capital punishment context for the judgments of the Nation's legislatures. 1987), N.D. N.D. All information regarding foreign death penalty laws is drawn from App. S.D. 1988), Utah Utah Code Ann. At a hearing on March 29, 1983, the District Court found probable cause to believe that the defendant had committed first-degree murder and thus concluded that the case had prosecutive merit. 2861, 2866, 53 L.Ed.2d 982 (1977) (plurality opinion); Enmund v. Florida, 458 U.S. 782, 794-796, 102 S.Ct. Cal. whose core is known but whose outer reach and contours are ill-defined, face the neverending task of discerning the meaning of the provision from one case to the next. A clinical psychologist who had examined Thompson testified at the second hearing that in her opinion Thompson understood the difference between right and wrong but had an antisocial personality that could not be modified by the juvenile justice system. It is difficult to pass a law saying explicitly "15-year-olds can be executed," just as it would be difficult to pass a law saying explicitly "blind people can be executed," or "white-haired grandmothers can be executed," or "mothers of two-year-olds can be executed." § 12507 (West 1987), Colo. Colo.Rev.Stat. Ann. §§ 76-3-206, 76-3-207 (1978 and Supp.1987)); Vermont (see Vt.Stat.Ann., Tit. Thompson petitioned for certiorari with respect to both sentencing issues, and we granted review. 1930-1987. Ann., Tit. 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. Appendices assembled with the assistance of the Brief for the National Legal Aid and Defender Association, the National Association of Criminal Defense Lawyers, and the American Jewish Committee as Amici Curiae. § 14-36 (1985), Del. See also New Jersey v. of Justice, Uniform Crime Reports: Crime in the United States 174 (1986); id., at 174 (1985); id., at 172 (1984); id., at 179 (1983); id., at 176 (1982); U.S. Dept. If the concurrence's view were adopted, henceforth a finding of national consensus would no longer be required to invalidate state action in the area of capital punishment. William Wayne Thompson: Birthdate: December 04, 1929: Death: April 07, 2010 (80) Lubbock, TX, United States Place of Burial: Littlefield, Lamb, Texas, United States: Immediate Family: Husband of Private Father of Vivian Wynett Trotter; Roy Wayne Thompson and Belinda Norene Chapman. We must never forget that it is a Constitution for the United States of America that we are expounding. The jury recommended that the death penalty be imposed, and the trial judge, accordingly, sentenced Thompson to death. There is, to be sure, no reason to believe that the Members of Congress had the death penalty specifically in mind; but that does not alter the reality of what federal law now on its face permits. § 23-106 (1981), Ky. Ky. Rev. If the issue before us today were whether an automatic death penalty for conviction of certain crimes could be extended to individuals younger than 16 when they commit the crimes, thereby preventing individualized consideration of their maturity and moral responsibility, I would accept the plurality's conclusion that such a practice is opposed by a national consensus, sufficiently uniform and of sufficiently long standing, to render it cruel and unusual punishment within the meaning of the Eighth Amendment. § 765.02 (1985-1986). The Chief Medical Examiner of Oklahoma concluded that the victim had been beaten, shot twice, and that his throat, chest, and abdomen had been cut. Stat. §§ 1472 and 1473 (death resulting from aircraft hijacking). Given this lesser culpability, as well as the teenager's capacity for growth and society's fiduciary obligations to its children, the retributive purpose underlying the death penalty is simply inapplicable to the execution of a 15-year-old offender. § 115(b)(3) (1982 ed., Supp. Pp. Thus, in confronting the question whether the youth of the defendant—more specifically, the fact that he was less than 16 years old at the time of his offense—is a sufficient reason for denying the State the power to sentence him to death, we first review relevant legislative enactments,6 then refer to jury determinations,7 and finally explain why these indicators of contemporary standards of decency confirm our judgment that such a young person is not capable of acting with the degree of culpability that can justify the ultimate penalty.8, Justice Powell has repeatedly reminded us of the importance of "the experience of mankind, as well as the long history of our law, recognizing that there are differences which must be accommodated in determining the rights and duties of children as compared with those of adults. Alaska Stat. 1987) Ariz. Ariz.Rev.Stat.Ann. According to Blackstone, not only was 15 above the age (viz., 7) at which capital punishment could theoretically be imposed; it was even above the age (14) up to which there was a rebuttable presumption of incapacity to commit a capital (or any other) felony. 1981) (many adolescents possess a "profound conviction of their own omnipotence and immortality. Neb. 849-855. 2726, 2802, 33 L.Ed.2d 346 (1972) (Burger, C.J., dissenting). 2954, 57 L.Ed.2d 973 (1978); Eddings v. Oklahoma, 455 U.S. 104, 102 S.Ct. 686, 98 L.Ed. Coker v. Georgia, 433 U.S. 584, 97 S.Ct. 1959) ("The adolescent lives in an intense present; 'now' is so real to him that past and future seem pallid by comparison. Moreover, the motto that "death is different" would no longer mean that the firm view of our society demands that it be treated differently in certain identifiable respects, but rather that this Court can attach to it whatever limitations seem appropriate. 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