Roper v. Simmons: Five Years Later

In one of the most talked about capital punishment cases in many years, the U.S. Supreme Court decided in 2005 that people who have been convicted of crimes committed before the age of 18 cannot be sentenced to death.

In Roper v. Simmons the court found, with a vote of 5-4, that executing juveniles violated the 8th Amendment's prohibition of "cruel and unusual punishment." In delivering the court's opinion, Justice Kennedy writes that the "evolving standards of decency that mark the progress of a maturing society" should be the determining factor in sentencing.

Read the New York Times' coverage of the 2005 decision.

Kennedy knew then, as we know now, that youth under 18 are not adults. Teenage brains are different. Roper v. Simmons made major progress in the movement to treat kids like kids in the justice system, but there is still work to be done.

Across the country, children under 18 are being held in adult jails and prisons. Check out the Campaign for Youth Justice's latest documentary on jailing juveniles. Then, take action to support policies that help keep kids out of adult detention facilities.