Law and psychology

Law and Psychology: SCOTUS – Roper vs. Simmons

Patrick GoldbergFlorida Institute of Technology

Roper vs. Simmons – Setting

• In 1993, some of the headlines that gripped the nation included:

The World Trade Center in New York was

damaged by a bomb

Michael Jordan retired for the 1st time

Standoff at the Branch Davidian compound in Waco, TX ended in tragedy

The Bobbitt name became synonymous with a particular kind of crime

The North American Free Trade Agreement was ratified

Jurassic Park was the year’s top grossing movie

Whitney Houston’s “I Will Always Love You” was the

year’s top song

Roper vs. Simmons – The Case (intro)

• In September, 1993, Shirley Crook was murdered.

• The murderers were children when the crime was committed.

• The morality concern of the state killing children lead to this case being escalated to the U.S. Supreme Court.

• The American Psychological Association submitted a brief regarding the psychological and neurological implications of the state killing children.

Roper vs. Simmons – The Case (facts)

• September 8, 1993, three children, Christopher Simmons (17), John Tessmer (16), and Charlie Benjamin (15), met up to plan a home invasion which they expected to include assault, kidnapping, and murder.

Roper vs. Simmons – The Case (facts, cont.)

• Tessmer (16) left the group.

• Simmons and Benjamin continued to the Crook’s home.

• Finding and open back window, the pair entered the home.


• Simmons and Benjamin tied Crook up with an electrical cord, duct tape, a robe belt, and a towel.

• They transported the victim in her van to a railroad bridge.


• Simmons and Benjamin then, as discussed prior to the events of the evening, threw Crook from the bridge.

• Crook survived the fall but, due to her bindings, drowned in the water below.

Roper vs. Simmons – The Case (verdict)

• Simmons was tried as an adult, found guilty, and sentenced to death for the grisly murder.

Roper vs. Simmons – The Case (appeal)

• The sentence of death was appealed to the Missouri Supreme Court, who found executing children against the moral principles of the state.

• The Missouri Supreme Court sentenced Simmons to life in prison without parole.

Roper vs. Simmons – The Case (appeal)

• Roper refers to prison superintendant, Donald P. Roper, introduced as the complaining party to the appeal.

• The State of Missouri, holding that the original sentence of death was constitutional for the state and the country, appealed the Missouri Supreme Court ruling to the U.S. Supreme Court.

Roper vs. Simmons – APA Brief

The APA presented a brief crafted on the basis of two key factors:

1. The Supreme Court held in Atkins v. Virginia, 536 U.S. 304, 319 that the purpose of the death penalty must be “retribution and deterrence of capital crimes.”

2. Neurological and psychological science, as supported by peer reviewed testing and research, indicates that children lack the capacity to see execution as a reasonable deterrent.

Roper vs. Simmons – APA Brief (cont.)

• According to MRI evidence, gray matter necessary for executive brain function peaks around the age of twenty (Gogtay, et al., 2004).

• Even one to two years prior to this peak, evidence shows that children are unlikely to be capable of full controlling or understanding the consequences of certain impulsive behavior.


• Juveniles, as a result of developmental processes, are significantly more likely to commit violent crimes (“Brief for Simmons…,” 2005).

• This significantly higher rate of violent crimes indicates the inherent and uncontrollable nature of certain criminal impulses as a direct function of the age of the subject.


• Research shows that juveniles lack sufficient capacity to foresee and react to the consequences of their actions (Nurmi, 1991).

• Setting a precedent of trying juveniles as adults for violent crimes does not reduce the number of violent crimes committed by juveniles (Benjamin & Wright, 2006).

Roper vs. Simmons – APA Brief (conclusion)

• Since a child is unable to understand the consequences of his actions due to developmental immaturity, excessive punishment for those actions is cruel and unusual.

• Since a child is unable to control his actions that lead to criminality, excessive punishment for those actions is cruel and unusual.

• Since the potential for more severe punishment does not reduce the likelihood of a child committing a crime, the punishment fails to meet the standards of reason and is thus cruel and unusual.

• The 8th amendment of the United States Constitution prohibits the infliction of cruel and unusual punishment.

• Therefore, the court should uphold the appellate decision to overturn the sentence of death in this case.

Roper vs. Simmons – Opinion

• Concurring with and citing advice from the APA, the majority opinion held that: – A juvenile’s susceptibility to impulsive and irresponsible behavior makes

the resulting action less reprehensible than the same actions by an adult.

– Juveniles have a basic lack of control of surroundings and can thus be forgiven for not evacuating surroundings to escape negative influences.

– Since juveniles are actively developing their personality and identity, even heinous crimes are not necessarily evidence of irreparable depravity.

– Based on their lack of capacity, the execution of juveniles would serve neither as retribution nor as deterrence for future crimes.

Roper vs. Simmons – Opinion (cont.)

• The minority opinion, neither addressing nor contradicting the APA premise, held that:– The court is not the appropriate body for dictating a national standard of

morality, such as a concrete age below which execution is not acceptable.

– It is not reasonable to conclude that because all juveniles at certain ages are not capable of sufficiently advanced reasoning to be punished by execution that no juveniles of those ages are capable of such reasoning.

Roper vs. Simmons – Conclusion

• This ruling, which showed reliance on scientific evidence provided by the American Psychological Association, established a national standard for all courts.

• Effectively, no person can be sentenced to be executed for crimes committed when the perpetrator was under the age of eighteen.

Roper vs. Simmons – References

Benjamin, S. & Wright, E. (2006). Assessing the relative effects of state direct file waiver laws on violent juvenile crime: Deterrence or irrelevance? Journal of Criminal Law & Criminology, 96(4), 1451-1477.

Brief for Simmons as Amici Curiae Supporting Respondent, Roper v. Simmons, 543 U.S. 551 (2005) (no. 03-633), 2005.

Gogtay, N. (2004). Dynamic mapping of human cortical development during childhood through early adulthood. Proceedings of the National Academy of Sciences of the United States of America, 101(21), 8174-8179.

Nurmi, J. E. (1991). How do adolescents see their future? A review of the development of future orientation and planning. Developmental Review, 11(1), 1-59.