Stanford v. Kentucky context

STANFORD V. KENTUCKY CONTEXT

Source: Reams, Kenneth. “Lethal Injection.” Windows on Death Row, 1974, Varner Supermax,

“The uncertainty about when a particular juvenile has fully developed and has fully evolved into an adult has caused society to draw a bright line. That line is an expression of society's confidence and society's certainty that those under the age of 18 do not possess an adult's level of emotional, intellectual and cognitive development."

~ Attorney Framk Heft, Jr. arguing on behalf of Kevin Stanford, 1989

A QUESTION IS RAISED

Kevin Stanford's crime shocked the nation due to its cold, callous, and calculated nature. In the 1980s, a death sentence would have gone unquestioned in the eyes of the public if the defendant was over eighteen years of age.

"Petitioner Kevin Stanford committed the murder… when he was approximately 17 years and 4 months of age. Stanford and his accomplice repeatedly raped and sodomized Barbel Poore during and after their commission of a robbery at a gas station where she worked as an attendant. They then drove her to a secluded area near the station, where Stanford shot her pointblank in the face and then in the back of her head. The proceeds from the robbery were roughly 300 cartons of cigarettes, two gallons of fuel, and a small amount of cash. A corrections officer testified that petitioner explained the murder as follows:

"[H]e said, I had to shoot her, [she] lived next door to me and she would recognize me. . . . I guess we could have tied her up or something or beat [her up] . . . and tell her if she tells, we would kill her. . . . Then after he said that, he started laughing."

~ Justice Scalia, Stanford v. Kentucky Court Opinion, 1989

Rimer, Sara. "In Similar Cases, One Inmate is Executed, One Wins Stay: Appeals were Based on Eighth Amendment." New York Times (1923-Current file), May 29, 2002, pp. 1. ProQuest, https://search-proquest-xaaa.orc.scoolaid.net/docview/92316723?accountid=699.

UNPREDICTABLITY IN STATE LEGISTLATION

In the late 1970s, the psychology of minors' decision-making skills was analyzed and compared with legislation surrounding the juvenile justice system. Research indicated that there were significant differences between the adult and adolescent brain, and psychological associations took a stance against the execution of juvenile offenders.

"During the formative years of childhood and adolescence, minors often lack the experience, perspective, and judgment to recognize and avoid choices that could be detrimental to them."

~ Justice Powell, Bellotti v. Baird Court Opinion, 1979

"Discrepancies in national opinion polls, interest group views, and professional association studies, all indicate a lack of unanimity concerning the acceptability of death sentences for such relatively young offenders."

~ Stanford v. Kentucky Court Opinion, 1989

“The primary and most reliable evidence of national consensus -- the pattern of federal and state laws -- fails to meet petitioner's heavy burden of proving a settled consensus against the execution of 16- and 17-year-old offenders. Of the 37 States that permit capital punishment, 15 decline to impose it on 16-year-olds and 12 on 17-year-olds.”

~ Justice Scalia, Stanford v. Kentucky Court Opinion, 1989

“By 1959 delays between sentencing and execution throughout the nation ranged from sixty-five days to nine years, with most falling between seven and twenty-four months… It could take so long to review the propriety of a death sentence only in a culture that had grown uncertain about the death penalty.”

~ Stuart Banner, The Death Penalty: An American History

Inconsistencies throughout the country through legislation provided evidence of evolving standards and an emerging barrier about the acceptability of juvenile executions. Consequently, the United States headed toward an inevitable legal battle, one that would undoubtedly set the benchmark for years to come.


Streib, Victor L. The Juvenile Death Penalty Today: Death Sentences and Executions for Juvenile Crimes, January 1, 1973- February 28, 2005. 2005, The Juvenile Death Penalty Today: Death Sentences and Executions for Juvenile Crimes, January 1, 1973- February 28, 2005, www.law.onu.edu/faculty/streib.

HISTORY OF THE AMERICAN DEATH PENALTY

ROPER V. SIMMONS CONTEXT