DueProcess Punishment HabeasCorpus
Whether the Eighth Amendment's evolving standards prohibit the execution of offenders who were 19 years old at the time of their crime
QUESTION PRESENTED In Roper v. Simmons, 543 U.S. 551, 578 (2005), this Court held that the Eighth Amendment forbids the imposition of the death penalty on offenders who were under the age of 18 when their crimes were committed. Since Roper was decided, neuroscientific research has proven that a juvenile’s brain development — the primary basis upon which Roper was decided — continues well beyond the age of 18. At the same time, society has significantly evolved in its treatment of young persons and its capital sentencing laws more generally. Accordingly, the question presented in this case is whether this Court should exercise its authority to issue an original writ of habeas corpus and hold that the Eighth Amendment’s evolving standards do not permit the execution of youthful offenders who, like Michael Brandon Samra, were 19 years old at the time of their crime. i