in Atkins explained that due to their impairments, “it is highly unlikely that such offenders could ever deserve capital punishment.” The reasoning in Atkins is applied to the Simmons decision. Kennedy argues that because individuals under 18 are “categorically less culpable than the average criminal”, they should not deserve the death penalty. Kennedy adds that there are three differences between juveniles under 18 and adult offenders. First, juveniles often lack the maturity found in adults, a trait that is “understandable among the young,” and that “adolescents are overrepresented statistically in virtually every category of reckless behavior.” The second difference is that they are more vulnerable to “negative influences or outside pressures,” which could lead to deviant behavior. Finally, Kennedy asserts that “the character of a juvenile is not as well formed” as an adult and that personality traits in adolescents are “transitory.” Because of the “comparative immaturity and irresponsibility” of such people, Kennedy logically notes that nearly every State bars people under 18 from voting, serving on juries or marrying without parental consent. If this is the case, they should also be exempt from the death penalty, since juveniles “have a greater claim than adults to be forgiven” of circumstances that can lead to crime and deviant behavior.

Justice Stevens agreed with the majority opinion, but felt compelled to note that because “our understanding of the Constitution does change from time to time,” the Court could rightly examine the change in standards to interpret the Eighth Amendment. Yet Justices O’Connor and Scalia felt that there were obvious problems with the Court’s blanket ruling. They were especially concerned that the Court felt a “national consensus” against the juvenile death penalty existed. According to Justice Kennedy, 30 states now prohibit the juvenile death penalty – 12 that have eliminated capital punishment altogether and 18 that “exclude juveniles from its reach.” Yet Justice Scalia blasts this argument, noting that none of the Court’s previous cases that dealt with “alleged constitutional limitation upon the death penalty has c