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''Roper v. Simmons'', , was a landmark decision in which the Supreme Court of the United States held that it is unconstitutional to impose capital punishment for crimes committed while under the age of 18. The 5-4 decision overruled the Court's prior ruling upholding such sentences on offenders above or at the age of 16, in ''Stanford v. Kentucky'', 492 U.S. 361 (1989), overturning statutes in 25 states that had the penalty set lower. == Background == This case, in Missouri, involved Christopher Simmons, who, in 1993 at the age of 17, concocted a plan to murder Shirley Crook, bringing two younger friends, Charles Benjamin and John Tessmer, into the plot. The plan was to commit burglary and murder by breaking and entering, tying up a victim, and tossing the victim off a bridge. The three met in the middle of the night; however, Tessmer then dropped out of the plot. Simmons and Benjamin broke into Mrs. Crook's home, bound her hands and covered her eyes. They drove her to a state park and threw her off a bridge. Once the case was brought to trial, the evidence was overwhelming. Simmons had confessed to the murder, performed a videotaped reenactment at the crime scene, and there was testimony from Tessmer against him that showed premeditation (he discussed the plot in advance and later bragged about the crime). The jury returned a guilty verdict. Even considering mitigating factors (no criminal history and his age), the jury recommended a death sentence, which the trial court imposed. Simmons first moved for the trial court to set aside the conviction and sentence, citing, in part, ineffective assistance of counsel. His age, and thus impulsiveness, along with a troubled background were brought up as issues that Simmons claimed should have been raised at the sentencing phase. The trial court rejected the motion, and Simmons appealed. The case worked its way up the court system, with the courts continuing to uphold the death sentence. However, in light of a 2002 U.S. Supreme Court ruling, in ''Atkins v. Virginia'', 536 U.S. 304 (2002), that overturned the death penalty for the mentally retarded, Simmons filed a new petition for state post conviction relief, and the Supreme Court of Missouri concluded that "a national consensus has developed against the execution of juvenile offenders" and held that such punishment now violates the Eighth Amendment's prohibition of cruel and unusual punishment. Thus, they sentenced Simmons to life imprisonment without parole. The State of Missouri appealed the decision to the U.S. Supreme Court, which agreed to hear the case. (Donald P. Roper, the Superintendent of the correctional facility where Simmons was held, was a party to the action because it was brought as a petition for a writ of habeas corpus.) 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Roper v. Simmons」の詳細全文を読む スポンサード リンク
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