Preview

5.5-4 Juvenile Shootings

Good Essays
Open Document
Open Document
562 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
5.5-4 Juvenile Shootings
5-4 SUPREME COURT ABOLISHES JUVENILE EXECUTIONS
Brianna Talley
The University of Alabama
CJ 306-001
The Abstract
In a 5 to 4 ruling, the Supreme Court decided to abolish capital punishment for juveniles. After doing an experiment they concluded that it was cruel and unusual punishment to give a minor the death penalty because they are too immature. 20 states permitted the death penalty for minors. They canceled the death sentence for Christopher Simmons and 72 other people for crimes they committed under the age of 18. Texas, who has 29 juveniles awaiting execution, and Alabama who has 14 waiting, will feel the impact of this change the most. The Supreme Court weighs death penalty laws based on a 1958 ruling called the “evolving standards of decency that mark the progress of a maturing society;” Also they look at the state legislation and the jury verdicts to decide
…show more content…

In Roper vs. Simmons (2005) the verdict was to determine the minimum age for capital punishment, cruel and unusual punishment, and the Eighth and Fourteenth Amendment. They wanted to decide was it permissible under the Eighth and Fourteenth amendments to the Constitution of the United States to execute a juvenile offender who was older than 15 but younger than 18 when they committed a capital crime. The Supreme Court stated the gravity of capital punishment and its application “Capital punishment must be limited to those offenders who commit a narrow a category of the most serious crimes’ and whose extreme culpability makes them the most deserving of execution.” The Court further stated that juveniles are different because they are “more vulnerable or susceptible to negative influences and outside pressures, including peer pressure”; and that “that the character of a juvenile is not as well formed as that of an adult.” (CaseBriefs, 2005) Justice Kennedy, who was writing for the majority,

You May Also Find These Documents Helpful

  • Good Essays

    Roper (2005) is a United States Supreme court ruling related to capital punishment for juveniles under the age of 18. The case stands for the proposition that it is unconstitutional to sentence to death juveniles who are charged with murder before attaining the age of 18 (Roper, 2005). In this case, Christopher Simmons, a 17-year old boy, was convicted and sentenced to death in 1993 for robbing a woman in her home then afterwards kidnapping her and throwing her off a bridge to her death (Roper, 2005). This sentencing was followed by a series of appeals to federal and state courts with each being rejected.…

    • 307 Words
    • 2 Pages
    Good Essays
  • Good Essays

    On June 25, 2012, the Supreme Court had ruled that juveniles who committed a crime such as murder, could not be sentenced to life in prison because it is violating the Eighth Amendment's ban on cruel and unusual punishment. In the supreme court decision, I agree that it is harsh and should not be allowed for a minor to serve life in prison, even if murder is committed. The decision is agreeable due to the severe punishment on someone young whose life is ruined over the decision they made. The information on a minor is misleading it masks a juvenile as a brutal killer is society's eyes. These statements should be brought to the people who are disagreeing with the court decision, and prove that these minors do not deserve an adult sentence with life in prison.…

    • 685 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Appellate court decisions are legal opinions having the status of law as stated by the appellate courts become case law. Such law results from appellate court interpretations of statutory law or from court decisions where rules have not yet been codified in statutes. The purposes of criminal law that relates to this case are: to deter people from criminal activity and to stipulate the degree of seriousness of criminal conduct. The sentencing that was cast from the judge in this case seems aimed more to deter other juveniles from possibly committing the same…

    • 906 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The court also discovered that juveniles under the age of seventeen are more likely to be rehabilitated in comparison to adults which is why juveniles should not be offered the death penalty. It was argued by the courts that most juveniles cannot be fully blamed for their actions due to being so undeveloped. It was also argued that juveniles are more likely not to be deterred from committing a crime by being threatened with the death penalty due to the lack of cognitive skills they have in comparison to…

    • 863 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Roper Vs Simmons Case Study

    • 2284 Words
    • 10 Pages

    It was noted that while juveniles are capable of committing truly heinous crimes, they are not fully culpable for three main reasons. The first reason discussed was that juveniles under the age of eighteen lack the maturity and responsibility that adults have attained. This shortcoming causes decisions and subsequent actions to be poorly thought out. Basically, juveniles are not responsible decision makers. This idea was supported by the fact that most states do not allow minors to vote, do jury duty, or get married without consent. The second rationale for why juveniles are less culpable than adults dealt with environment. It was suggested that juveniles lack control over their environment. They do not have the ability to remove themselves from an environment that encourages delinquency. Finally, juveniles are less culpable because they are still developing a sense of self identity. This suggests that behaviors exhibited now may not be part of their character in five or ten years, allowing for recovery. The majority then argued that the same reasoning they used in Stanford v. Kentucky applied to Roper v. Simmons, and that the eighth amendment did not allow for the execution of people under age eighteen due to lesser culpability (Counsel of Record,…

    • 2284 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    Roper vs. Simmons was one of the few cases in almost two decades to address whether it’s constitutional under the eighth and fourteenth amendments to execute a juvenile offender who was over the age of fifteen but under the age of eighteen when he/she committed a capital crime. In 1988, Thompson vs. Oklahoma banned the execution of minors who were sixteen years of age when they committed a capital crime. Another case, Stanford vs. Kentucky (1989), divided the court which eventually rejected that the Constitution excludes capital punishment for minors of this age group. Roper vs. Simmons overturned the decision in Stanford vs. Kentucky. Only seven countries in the past century have favored execution of minors convicted of capital crimes: Iran, Pakistan, Saudi Arabia,…

    • 1044 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Roper Vs Simmons Essay

    • 1484 Words
    • 6 Pages

    In the 2005 case Roper v. Simmons, the supreme court ruled that any individual who is under the age of 18 when he commits a crime cannot be sentenced to the death penalty because it does not stand with the nation’s ‘evolving standard of decency.’ Roper v. Simmons is in very close relation to the case Graham v. Florida. Graham established the principle that no minor can be sentenced to life without parole unless they committed a homicide, and further reduced the harshest punishment a minor can receive. The interpretation of the 8ths amendment has changed much between the 1900s and early…

    • 1484 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    Summary: This past Monday a ruling was upheld by the Supreme Court from 2012 baring the immediate life sentences for juveniles. In the past this has been an issue in Florida, with one of the nationwide highest crime rates for those under the age of 18. Last year the Florida Supreme Court ruled unanimously that all juveniles convicted of homicide who received automatic life sentences must be resentenced under a state law passed in 2014. The U.S. Supreme Court ruling Monday could have had an effect on the Florida Constitution was crucial news for anyone affected by this law.…

    • 1595 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    On June 25, 2012, the Supreme Court ruled that juveniles who committed murder could not be sentenced to life in prison. A few justices believed life in prison without parole for a juvenile prevents consideration for their chronological age and its features. But four justices disagreed saying that heinous crimes committed by juveniles should be punished with a sentence of life in prison, or a 17-year-old would be released to society after he had gun down his fellow classmates and teachers. I disagree with the Supreme Court ruling. I believe that every juvenile who has committed a heinous crime should be sentenced to life in prison without parole. The victims of the crime would get the justice they deserve, they are at the age where they should know what they are doing, and brain development does not play a fact to juveniles committing heinous crimes .…

    • 865 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In the US constitution, the 8th amendment prohibits the federal government from imposing cruel and unusual punishment. Is convicting a juvenile as an adult and to life in prison overturning the 8th amendment. This punishment is unusual because juveniles are not adults but they’re being treated as adults. In Dontae Brown’s article, “Life Sentence: Is Life Without Parole for Juveniles Cruel and Unusual Punishment?”, Brown claims that trying a juvenile as an adult is inhumane. If the death penalty for juvenile has been revoked because it went against the 8th amendment, why can't life sentences for juveniles be revoked as well? Brown reassures that juveniles brains aren't as mature as adults and that the Supreme Court should consider what is happening in the juvenile’s daily life because it may affect one’s opinion on them. The Supreme Court should take this information into consideration before deciding on something that is unconstitutional. Although convicting juveniles to life sentences is unconstitutional, maybe for some cases it's for the…

    • 997 Words
    • 4 Pages
    Good Essays
  • Good Essays

    A worldwide situation in criminal justice is the youth, who are being tried as adults for their wrongdoings. Although juveniles commit heinous crimes such as robbery, murder, or even rape, they are not mature enough to understand what they are doing. In the article “Kids Are Kids-Until They Commit Crimes” a 12-year-old boy got sentenced life in prison after he beat a 6- year-old girl to her death (Lundstrom). The boy did not know the girl was going to die because he is not mature enough to know what his actions will do. These consequences should not apply to the youth because their minds are not fully developed like the adults. Because kids like to play around with each other “Now fourteen and convicted as an adult of first-degree murder, Tate…

    • 1229 Words
    • 5 Pages
    Good Essays
  • Good Essays

    8th Amendment Essay

    • 893 Words
    • 4 Pages

    The Eighth Amendment of the U.S. Constitution has generated a considerable amount of debate and controversy surrounding the question: what is considered “cruel and unusual punishment.” The important issue that develops from this amendment is whether or not the death penalty is constitutional. Over the decades, the Supreme Court fails to completely confront the issue by refusing to address any issue that falls outside of the case in question. As a result, today’s court is left with many specific instances where the death penalty is acceptable or unconstitutional, but not an overall principle that the death penalty is consistent or inconsistent with the Constitution. In Roper v. Simmons, seventeen year-old Christopher Simmons is tried as an adult…

    • 893 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Simmons, Anthony Kennedy voted with the majority to prohibit the executions of convicted felons that were younger than eighteen (Lewis, T 2015). The decision removed about 70 individuals from death row. Those invidious were convicted before they turned eighteen. In Kennedy wrote “when a juvenile offender commits a heinous crime, the state can exact forfeiture of some of the most basic liberties, but the state cannot extinguish his life and hos potential to attain a mature understanding of his own maturity” (Ruling to ban minor’s executions is praised, 2005). Whit this decision the religions groups were happy because they believe that by give them the death penalty is vengeance and human beings have the opportunity to redemption. Other people believe that at that age young kids are not mature enough to think about the consequences of their actions. In the other hand there are people who believe that if they were capable of committing horrible crimes they should be…

    • 704 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Eassy

    • 587 Words
    • 3 Pages

    Adolescence and the death penalty, two words more commonly seen together as of late. With growing number of young adult being tried and sentenced as adults for violent crimes the question rises why did they commit does age matter to the jury when they are put on trial?…

    • 587 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Juvenile Justice

    • 771 Words
    • 4 Pages

    Liptak, Adam. "Supreme Court to Rule on Executing Young Killers." The New York Times 4 Jan. 2005: 54-55. Print.…

    • 771 Words
    • 4 Pages
    Good Essays

Related Topics