Thompson v. Oklahoma Essay Example for Free

Thompson v. Oklahoma EssayThe case Thompson v. Oklahoma took place in 1988. William Thompson (15 year-old boy) killed his br separate-in-law, who had been abusing his sister. The impinge on was non committed in land of temporary insanity, so the court considered it as send-off-degree murder and sentenced William Thompson to oddment. As far as the eighth and 14th Amendments ban destruction sentence for a person, who is under 16 years old at the moment of committing law-breaking, the accost considered execution of 15-year old boy as inhumane and unusual. The case was reversed and remanded and the Supreme Court granted William Thompson certiorari.The crime was committed by four persons. William Thompson took depart in murder. The killed had a lot of bruises, his leg was broken his chest, abdomen and throat had been cut, and he had been shot 2 times. Then after they fettered him to a concrete block and threw him to the river. All four people, who took part in crime, were s entenced to close.As far as Thompson was under 16 at the moment of committing crime, he couldnt be executed because of prohibition. The justices thoroughly examined circumstances of crime, and concluded that the child was quite aw are of consequences at the moment of committing crime and as far as he had mental capacity to realize all the consequences of crime. They stated that in that respect was no chance to rehabilitate William Thompson with help of juvenile system and that he should be treated as adult.At the first st be on of trial, the prosecutor presented three photographs, showing the dead body after it was taken out from the river. The photos were introduced to convince guilt of William Thompson. Later the prosecutor asked to find two circumstances, which prove that crime was barbarian and heinous. The Court complied with request.In such a way the Court of Criminal Appeals gave its approval to the fact of death sentence. They stated that as far as a person, who was und er 16 years old at the moment of committing crime, is certified as an adult for trial procedures, he can be overly penalise as adult.At the same time, as far as the Supreme Court granted William Thompson certiorari, they had to consider, whether a death sentence was cruel and unusual punishment for a minor and violates his constitutional rights.First of all, there should be a certain degree of culpability, which allows accepting death sentence for a minor. The problem was that authors of the 8th Amendment introduced prohibition against cruel and unusual punishments, although they didnt give any specifications for that. Judges, who were responsible for trial, should examine, whether the punishment could be considered as violating the evolving standards of decency that mark the progress of a maturing society Trop v. Dulles, 356 U.S. 86, 101 (1958) (plurality opinion) (Warren, C. J.).Justice Powell compared rights of adults and children, and came to conclusion, that there are certain differences amongst them. For example, children are not eligible to vote, to purchase alcohol and cigarettes, to mention a few. Justice Powell stated that consort to laws of Oklahoma, a person under 16 years old can be treated as a child only. Taking into considerations all prohibitions and limitations in rights for minors (as well as driving with enate consent, marrying with parental consent only, etc), the child cannot be treated as adult during the trial and to be richly responsible for his actions before attaining his maturity.Further the Supreme Court examined minimum age for death penalty. For example, there are 14 States in America, which dont recognize death penalty at all from the other side, there are 19 States, which authorize to impose death penalty, but dont state minimum age of a person (this is an obstacle to find consensus). Although, the judges accepted supposition, that in those States, where death penalty is accepted, minimum age of criminal should be at leas t 16 years.The American truth Institute and the American Bar Association also are against the death sentence for minors. Judges also presented the fact, that there are plenty of countries, where death penalty is prohibited at all (such countries as Germany, get together Kingdom, Russia, Spain, New Zealand, the Netherlands, etc)Further, the Supreme Court examined quantity of people, sentenced to death during the XX century, and came to conclusion that majority of cases were held in the first half of century. The average age of young people, committed crimes and sentenced to death, was approximately 18-20 years old. There were only quintet minors (under 16 years old), sentenced to death for participation in cruel murders. The Court also considered age as a mitigating circumstance, stating that young people at the age under 16 are not able to control their behavior to that extent, the adults can. Young people are more impulsive and cannot think in long-rank terms, as the adults can, so they shouldnt be treated as adults during trials.So, taking into consideration all afore said, the Court Criminal Judgments decision was vacated and the case Thompson v. Oklahoma was remanded, getting instructions to prohibit death sentence for a youth under 16 years old.