Thompson V. Oklahoma
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''Thompson v. Oklahoma'', 487 U.S. 815 (1988), was the first case since the moratorium on
capital punishment Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence (law), sentence ordering that an offender b ...
was lifted in the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
in which the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
overturned the death sentence of a minor on grounds of "cruel and unusual punishment." The holding in ''Thompson'' was expanded on by '' Roper v. Simmons'' (2005), where the Supreme Court extended the "evolving standards" rationale to those under 18 years old.


Background

William Wayne Thompson was a 15-year-old repeat offender from
Grady County, Oklahoma Grady County is a county located in the U.S. state of Oklahoma. As of the 2020 census, the population was 54,795. Its county seat is Chickasha. It was named for Henry W. Grady, an editor of the ''Atlanta Constitution'' and southern orator.
. His sister, Vicki, was married to Charles Keene, who was accused of beating Vicki and William. Charles and Vicki had gotten married when Charles was 18 and Vicki was 15; Vicki says that the entire Thompson family was scared of Charles and that he had once ripped out all the telephone wires at the family home. Vicki further says that Charles Keene once held her and Charles' son from the rooftop and threatened to kill him if Vicki left, and that the police could not be contacted because the police liked Charles and Charles was even rumored to be a police informant. William and three other men (Tony Mann, Richard Jones, and Bobby Glass) then kidnapped Charles Keene on the night of January 23, 1983, in Amber, Oklahoma. Keene attempted to escape, running to neighbor John "Possum" Brown's door. He reportedly knocked on the door and screamed, "Possum, open the door, they're going to kill me". Brown opened the door, only to see four men dragging Keene from the door and beating him. When Brown called the police, the assailants grabbed Keene and fled. Keene's body was found later in the nearby river, his body split throat to the abdomen. He had multiple bruises and two gunshot wounds, along with a concrete block tied to his legs. William was arrested after Vicki confessed to the police that William said that "he had taken care of him." The three other assailants were convicted of murder and sentenced to death; Richard Jones was later acquitted in a retrial. Bobby Glass was killed in prison by Jones in 1984, though no charges were filed and it was believed to be self defense. After Thompson was arrested, he underwent psychiatric evaluation to determine whether he was eligible to stand trial as an adult. He was found responsible for his deeds and convicted by the District Court of Grady County in
Chickasha, Oklahoma Chickasha is a city in and the county seat of Grady County, Oklahoma, Grady County, Oklahoma, United States. The population was 16,051 at the 2020 United States census, 2020 census, a 0.1% increase from 2010. The city is named for and strongly ...
. He was sentenced to death by the jury.


Appeals

Thompson's attorneys first attempted to appeal the case on the basis of inflammatory photographs used by the prosecution to allegedly provoke the jury. Although the Oklahoma Court of Criminal Appeals found that two of the photographs should have been excluded from the trial, the overwhelming evidence meant that the case was affirmed by the appellate court. Due to Thompson's rapidly approaching execution, his attorneys subsequently filed his case with the Supreme Court, saying that the execution of a juvenile was unconstitutional under the Eighth Amendment's "Cruel and Unusual Punishment" clause.


Opinion of the Court

The Court voted 5-3 in favor of Thompson ( Justice Kennedy did not participate), holding that Thompson's execution would violate the
Eighth Amendment to the United States Constitution The Eighth Amendment (Amendment VIII) to the United States Constitution protects against imposing excessive bail, excessive fines, or cruel and unusual punishments. This amendment was adopted on December 15, 1791, along with the rest of the ...
as applied to the states through the Fourteenth Amendment. A plurality opinion by Justice Stevens noted the "evolving standards of decency that mark the progress of a maturing society" as a primary rationale for the decision – an opinion that was strongly rejected in
Justice Scalia Antonin Gregory Scalia (March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual an ...
's dissent. The plurality also noted that numerous U.S. jurisdictions and all industrialized Western nations had banned the execution of minors under 16 years of age.


Aftermath

Thompson was later resentenced to life in prison with the possibility of parole. As of 2025, William Wayne Thompson and Tony Mann are still incarcerated. Thompson was granted parole in 2003, but that was later overturned by Oklahoma governor
Brad Henry Charles Bradford Henry (born July 10, 1963) is an American lawyer and politician who served as the 26th governor of Oklahoma from 2003 to 2011. A Democrat, he previously served in the Oklahoma Senate from 1992 to 2003. As of 2025, he is the last ...
. His sister Vicki is currently campaigning to parole her brother. Thompson was granted parole by a vote of 4-1 in January 2025. Governor
Kevin Stitt John Kevin Stitt (born December 28, 1972) is an American businessman and politician serving as the 28th governor of Oklahoma since 2019. A member of the Republican Party, he was elected in 2018, defeating Democrat and former state Attorney Ge ...
approved Thompson's parole recommendation in April 2025.


See also

* Capital punishment for juveniles in the United States *'' Stanford v. Kentucky'' (1989) – held that capital punishment was permissible for those aged 16 or 17 at the time of the offence *'' Roper v. Simmons'' (2005) – held that capital punishment is unconstitutional where offender was aged under 18 at the time of the offence *'' Atkins v. Virginia'' (2002) – held that capital punishment is unconstitutional for those with intellectual disabilities * List of United States Supreme Court cases, volume 487 *
List of United States Supreme Court cases This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By chief justice Court historians and other legal scholars consider each chief j ...
*
Lists of United States Supreme Court cases by volume The following is a list of cases decided by the United States Supreme Court organized by volume of the ''United States Reports'' in which they appear. This is a list of volumes of ''U.S. Reports'', and the links point to the contents of each indiv ...
*
List of United States Supreme Court cases by the Rehnquist Court This is a partial chronological list of cases decided by the United States Supreme Court during the Rehnquist Court, the tenure of Chief Justice William Rehnquist from September 26, 1986, through September 3, 2005. The cases are listed chronol ...


References


External links

*{{caselaw source , case = ''Thompson v. Oklahoma'', {{ussc, 487, 815, 1988, el=no , cornell =https://www.law.cornell.edu/supremecourt/text/487/815 , courtlistener =https://www.courtlistener.com/opinion/112142/thompson-v-oklahoma/ , findlaw = https://caselaw.findlaw.com/us-supreme-court/487/815.html , googlescholar = https://scholar.google.com/scholar_case?case=11371923587626073007 , justia =https://supreme.justia.com/cases/federal/us/487/815/case.html , loc =http://cdn.loc.gov/service/ll/usrep/usrep487/usrep487815/usrep487815.pdf , oyez =https://www.oyez.org/cases/1987/86-6169 United States Supreme Court cases Cruel and Unusual Punishment Clause and death penalty case law Capital punishment in Oklahoma Legal history of Oklahoma 1988 in United States case law Capital punishment for juveniles Grady County, Oklahoma United States Supreme Court cases of the Rehnquist Court