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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.

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Chief Justice:
William Rehnquist
Associate Justices:
Antonin Scalia
Sandra Day O'Connor
Clarence Thomas
John Paul Stevens
Anthony M/ Kennedy
Ruth Bader Ginsburg
Davif H. Souter
Stephen G. Breyer

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In 1993, Christopher Simmons planned and committed the murder of  Shirley Crook. Simmons had conspired of this murder with two of his friends years before, with both tagging along one had left before the murder took place, the others charges of conspiracy were dropped for his testimony against Simmons. After robbing her home, bounding her up and throwing her off a bridge, was found guilty of capital murder as well as other charges pressed against him. 17 year old Christopher Simmons was sentenced to death. Attempts at an appeal and a post conviction relief were rejected after Simmons was given the death penalty

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Supreme Court of Missouri:
Simmons, having committed a capital murder was found guilty of all his crimes and was sentenced to the death penalty.

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The court should remain on the course of the ruling in Stanford, leaving the jurors the responsibility of determining the culpability of individual defendants above minimum age. In the Atkins v. Virginia case they were addressing mental capability, which is quite different from Stanford. The Missouri Supreme Court jumped over the question of maturity and went straight to age. Therefore, the question should not be if there should be a death penalty at a certain age, but a death penalty for those of certain maturity mind sets.

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In terms of Atkins v. Virginia, Simmons argued that Atkins established the execution of those who were mentally unstable was cruel and unusual punishment. The questions is were do the people now draw the line of the death penalty. Society has concluded 18 to be the line from childhood to adulthood, the line of immaturity and maturity. In this case Simmons without a doubt committed this crime with intent to do so, just as the mentally challenged can be.

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Question:
Does the execution of minors violate the prohibition of "cruel and unusual punishment" found in the Eighth Amendment and applied to the states through the incorporation doctrine of the 14th Amendment?
Answer:
The death penalty of minors does violate the prohibition of cruel and unusual punishment.

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Concurring: Justice Stevens
"If the meaning of that Amendment had been frozen when it was originally drafted, it would impose no impediment to the execution of 7-year-old children today.""In the best tradition of the common law, the pace of that evolution is a matter for continuing debate; but that our understanding of the Constitution does change from time to time has been settled since John Marshall breathed life into its text."
Dissenting: Justice O'Connor
"Instead, the rule decreed by the Court rests, ultimately, on its independent moral judgment that death is a disproportionately severe punishment for any 17-year-old offender. I do not subscribe to this judgment. Adolescents as a class are undoubtedly less mature, and therefore less culpable for their misconduct, than adults. But the Court has adduced no evidence impeaching the seemingly reasonable conclusion reached by many state legislatures: that at least some 17-year-old murderers are sufficiently mature to deserve the death penalty in an appropriate case."

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The Missouri Supreme Court ruled in favor of setting aside the death penalty in favor of life in prison without eligibility of release. It was ruled that the execution of minors was defined as "cruel and unusual punishment", which is defined in the 18th Amendment.
Vote: 5-4

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The question is if the minimum age for the death penalty should be 18 or if it should be left in the jurors hands. But this case defined that the age for 18 should be held for the minimum age for the death penalty. This case shows the changing of American views and ideals.

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This case is a wonderful example of Judicial Activism. This case overruled Stanford v. Kentucky, a case which ruled executing minors was not unconstitutional. Justice Stevens states "The best tradition of the common law, the pace of that evolution is a matter for continuing debate."