General
General Counsel: Roper v Simmons brief
USCCB Brief Amici Curiae on U.S. Supreme Court Case No. 03-633 (Roper v Simmons)
The death penalty, in particular, involves quintessentially moral questions. Indeed, this Court has recognized that imposition of the death penalty in every case requires a moral judgment. Henry v. Lynaugh, 492 U.S. 302, 319 (1989) (noting that capital punishment must reflect a “reasoned moral response to the defendant’s background, character, and crime”) (original emphasis). Moral questions are also implicated in this Court’s proportionality review and its inquiry into whether punishment serves the purposes of legitimate retribution. As religious bodies and religiously-affiliated organizations, these amici are uniquely qualified to comment on moral issues such as the death penalty.
Despite their differing views about crime and punishment, all the amici agree that the execution of juvenile offenders is inconsistent with evolving standards of decency. Juveniles on the whole are less blameworthy than adults because they lack adult maturity.