In 1993 Christopher Simmons was sentenced to death but he was still a minor and after 9 years of appeals he finally was admitted into the Missouri Supreme Court. Because of the U.S. Supreme court case's decision in Atkins V. Virginia regarding the execution of the mentally Ill The Missouri Supreme Court decided to review Simmons case. Using the Atkins case as precedent the Missouri court overturned the conviction and the case went to the supreme court.
Issue:
Does the execution of minors violate the cruel and unusual prong of the eith amendment and should it be incorporated throughout the states?
Decision:
In a 5 V. 4 decision the supreme court decided that Simmons was not allowed to be executed provided that it does infringe on the Cruel and Unusual Amendment.
M: Kennedy,Souter,Ginsburg,Breyer
C:Stevens, Ginsburg
D: Scalia and O'connor. Rehinquist and Thomas joined both
Opinion:
I agree with the decision of the Supreme Court in this case. Because of the ever changing society, I believe that the constitution could not be literal or else it would have to change every frequently in order to evolve with society. The standards of decency could change very quickly given the circumstances and the constitution should consider what is normal at that time. Also according to Atkins V. Virginia executing the mentally ill is unconstitutional so why would executing minors be constitutional?