The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Monday, November 9, 1987
Decision: Wednesday, June 29, 1988
Issues: Criminal Procedure, Cruel and Unusual Punishment, Death Penalty
Categories: capital punishment, criminal, cruel and unusual punishment, eighth amendment, juveniles

Advocates

David W. Lee (Argued the cause for the respondent)
Harry F. Tepker, Jr. (By appointment of the Court, argued the cause for the petitioner)

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.

Supreme Court Justice Opinions and Votes (by Ideology)

Sort by Seniority
(More information here)
Decision: 5 votes for Thompson, 3 vote(s) against
Legal Provision: Amendment 8: Cruel and Unusual Punishment
Did not participate
Kennedy
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
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

Cite this page

The Oyez Project, Thompson v. Oklahoma, 487 U.S. 815 (1988),
available at: <http://www.oyez.org/cases/1980-1989/1987/1987_86_6169/>
(last visited ).