Thompson v. Oklahoma

Media Items
Oral Argument
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Advocates
Harry F. Tepker, Jr. (By appointment of the Court, argued the cause for the petitioner)
David W. Lee (Argued the cause for the respondent)
Case Basics
Docket No.: 
86-6169
Petitioner: 
Thompson
Respondent: 
Oklahoma
Opinion: 
487 U.S. 815 (1988)
Categories: 
juveniles, eighth amendment, cruel and unusual punishment, capital punishment, criminal

Cite this page
The Oyez Project, Thompson v. Oklahoma , 487 U.S. 815 (1988)
available at: (http://oyez.org/cases/1980-1989/1987/1987_86_6169)
Facts of the Case: 

At the age of 15 years Thompson was tried as an adult, convicted of first degree murder, and sentenced to death. On appeal, the Court of Criminal Appeals of Oklahoma affirmed. The Supreme Court granted Thompson certiorari.

Question: 

Would the execution of a 15 year old violate the Eighth Amendment's prohibition against "cruel and unusual punishments"?

Conclusion: 

Yes. After noting that the Eighth Amendment's prohibition against "cruel and unusual punishments" applied to the states through the Fourteenth Amendment, the Court held that the execution of a person under the age of 16 was unconstitutional. In noting the uniform ban among all relevant state statutes against the execution of one under the age of 16, the Court explained that such an act would violate the "evolving standards of decency that mark the progress of a maturing society." The case was reversed and remanded.

Decisions

Decision: 5 votes for Thompson, 3 vote(s) against
Legal provision: Amendment 8: Cruel and Unusual Punishment

Sort by Seniority

Voted with the majority
Marshall
Voted with the majority
Brennan
Voted with the majority
Blackmun
Wrote the judgment of the Court
Stevens
Voted with the minority, joined Scalia's dissent
White
Did not participate
Kennedy
Wrote a special concurrence
O'Connor
Wrote a dissent
Scalia
Voted with the minority, joined Scalia's dissent
Rehnquist

Judgment of the Court by Justice John Paul Stevens