The case of Roper v Simmons revolves around the question, should children be sentenced to death for a crime that was committed prior to the age of 18. While the 8th and 14th Amendments guard against cruel and unusual punishment, does the punishment of death, for those whose crimes was committed when they were under the age of 18, automatically fall under the category cruel and unusual punishment? The Missouri Supreme Court, basing its decision partially on the Atkins v Georgia decision by the U.S Supreme Court which concluded that executing the mentally ill was a violation of the 8th and 14th Amendments, ruled that Roper v Simmons fell under the category of cruel and unusual punishment. This decision led the state
to appeal to the U.S. Supreme Court. To assist the Supreme Court with the decision the American Psychological Association (APA) and the Missouri Psychological Association (MPA) submitted an amicus curiae brief. The brief discussed some of the characteristics of children including risk-taking, impulsiveness, peer pressure and less mature decision making. Included in this brief was MRI research information about the continued brain development in 16- and 17-year olds in areas that could affect decision making. The position of the APA was that children under the age of 18 should be excluded from the death penalty. The U.S. Supreme Court upheld the decision 5 to 4. The court stated that capital punishment for minors was an affront to the evolving standards of decency and in conjunction with the APA/MPA amicus curiae brief found that the issuance of the death penalty to minors whose crime was committed while they were under the age of 18 violated the 8th and 14th Amendments guard against cruel and unusual punishment.