Const., Art. § 712-1215 (1985), Ill. Ill. Rev. Md. ); Furman v. Georgia, 408 U.S., at 301-302, 92 S.Ct., at 2758-2759 (unverifiable that the death penalty deters more effectively than life imprisonment) (BRENNAN, J., concurring); id., at 345-355, and nn. See, e.g., Furman v. Georgia, 408 U.S., at 268-269, 92 S.Ct. William Wayne THOMPSON, Petitioner v. OKLAHOMA. The most salient statistic that bears on this case is that every single American legislature that has expressly set a minimum age for capital punishment has set that age at 16 or above. It is reported that a 10-year-old black child was hanged in Louisiana in 1855 and a Cherokee Indian child of the same age was hanged in Arkansas in 1885. S.D. For the foregoing reasons, I respectfully dissent from the judgment of the Court. Consider the following example: The States of Michigan, Oregon, and Virginia have all determined that a 15-year-old may be waived from juvenile to criminal court when charged with first-degree murder. § 9:211 (West Supp. 3365 (ratified by the United States). § 343.15 (1985-1986), Wyo. It is, therefore, "nothing more than the purposeless and needless imposition of pain and suffering," Coker v. Georgia, 433 U.S., at 592, 97 S.Ct., at 2866, and thus an unconstitutional punishment.47, Petitioner's counsel and various amici curiae have asked us to "draw a line" that would prohibit the execution of any person who was under the age of 18 at the time of the offense. § 402.210 (1984), La. Me. La. Stat. See post, at 877. H. Bedau, The Death Penalty in America 23, 25 (3d ed. 2560, 2576, n. 4, 61 L.Ed.2d 197 (1979) (dissenting opinion). Stat., Tit. 31, § 674(J) (1986), Wash. Wash. Rev. The world changes in which unchanging values find their application. Id., at 28-29. Stat. 1417, 8 L.Ed.2d 758 (1962). The absence of any such implication is illustrated by the very States that the dissent cites as evidence of a trend toward lowering the age at which juveniles may be punished as adults. 134 Cong.Rec. Mass. Oklahoma has enacted a statute that authorizes capital punishment for murder, without setting any minimum age at which the commission of murder may lead to the imposition of that penalty. I am also left in some doubt whether this new requirement will be lifted (since its supposed rationale would disappear) when enough States have complied with it to render the nonexistence of a national consensus against such executions no longer doubtful; or only when enough States have done so to demonstrate that there is a national consensus in favor of such executions; or never. Another witness testified that when she told Thompson that a friend had seen Keene dancing in a local bar, Thompson remarked that that would be hard to do with a bullet in his head. Id., at 197. Gregg v. Georgia, 428 U.S. 153, 183, 96 S.Ct. Like the statistics about the behavior of legislatures, these execution and sentencing statistics support the inference of a national consensus opposing the death penalty for 15-year-olds, but they are not dispositive. We must never forget that it is a Constitution for the United States of America that we are expounding. § 115(b)(3) (1982 ed., Supp. The following chart assembles the various state provisions relating to minimum age for jury service. § 17-9-3 (1982)) (age 17); Illinois (Ill.Rev.Stat., ch. This argument would, though, first have to acknowledge that the execution would be impermissible in 32 States. 2149). Marriage: Children PARENTS AND SIBLINGS. Thus, in explaining our conclusion that the death penalty may not be imposed for the crime of raping an adult woman, Justice WHITE stated: "[T]he Constitution contemplates that in the end our own judgment will be brought to bear on the question of the acceptability of the death penalty under the Eighth Amendment." Stat.Ann., Tit. 23A-27A (1988)). § 630:5(XIII) (Supp.1987) (prohibiting execution of one who was a minor at time of crime) (§ 21-B:1 indicates that age 18 is age of majority, while § 630:1(V) provides that no one under age 17 shall be held culpable of a capital offense); New Jersey (N.J.Stat.Ann. Thus, a minor is not eligible to vote,10 to sit on a jury,11 to marry without parental consent,12 or to purchase alcohol13 or cigarettes.14 Like all other States, Oklahoma has developed a juvenile justice system in which most offenders under the age of 18 are not held criminally responsible. Me. 3368, 3375-3376, 73 L.Ed.2d 1140 (1982); id., at 818-819, 102 S.Ct., at 3387-3388 (O'CONNOR, J., dissenting). 29, § 585 (Supp. The law must often adjust the manner in which it affords rights to those whose status renders them unable to exercise choice freely and rationally. Ann., Tit. 837, 841, 93 L.Ed.2d 934 (1987) (O'CONNOR, J., concurring). Raymond Lee Allen Elkin, North Carolina. "We must never hesitate to apply old values to new circumstances. William and three other men (Tony Mann, Richard Jones, and Bobby Glass) then kidnapped Charles on the night of January 23, 1983 in Amber, Oklahoma. Pp. §§ 3503.01, 3503.011 (1982), Pa.Stat.Ann., Tit. [I]t is the task of the judge in this generation to discern how the framers' values, defined in the context of the world they knew, apply to the world we know. All that would be needed is uncertainty regarding the existence of a national consensus, whereupon various protective requirements could be imposed, even to the point of specifying the process of legislation. 16) 53, U.N. Doc. 2954, 57 L.Ed.2d 973 (1978); Eddings v. Oklahoma, 455 U.S. 104, 102 S.Ct. 1987), S.C. [Gambling not permitted by statute], S.D. Thompson appealed, and his conviction and capital sentence were affirmed. Codified Laws § 12-3-1 (1982), Tex. Tex. Ann. It is assuredly "for us ultimately to judge" what the Eighth Amendment permits, but that means it is for us to judge whether certain punishments are forbidden because, despite what the current society thinks, they were forbidden under the original understanding of "cruel and unusual," cf. Ann. Code Ann. However, in Michigan, that 15-year-old may not be executed—because the State has abolished the death penalty and, in Oregon, that 15-year-old may not be executed—because the State has expressly set a minimum age of 18 for executions—but, in Virginia, that 15-year-old may be executed—because the State has a death penalty and has not expressly addressed the issue of minimum age for execution. We have already decided as much, and more, in Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. Code Ann. Mobile/manufactured Homes. One of them was beating the victim with an object 12 to 18 inches in length. 4 W. Blackstone, Commentaries *23-*24. While it is not known precisely how many persons have been executed during the 20th century for crimes committed under the age of 16, a scholar has recently compiled a table revealing this number to be between 18 and 20.36 All of these occurred during the first half of the century, with the last such execution taking place apparently in 1948.37 In the following year this Court observed that this "whole country has traveled far from the period in which the death sentence was an automatic and commonplace result of convictions. Juvenile executions are also prohibited in the Soviet Union.34, The second societal factor the Court has examined in determining the acceptability of capital punishment to the American sensibility is the behavior of juries. ( 1937 ) ( 1984 ), N.D. Cent.Code § 53-06.1-07.1 ( Supp initial ' W ' for. Societal consensus rejecting the death penalty william wayne thompson Juveniles ). penalty for Juveniles 56, Table 3-1 sentencing. 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