Preview

Tony Simpson Research Paper Outline

Powerful Essays
Open Document
Open Document
1946 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Tony Simpson Research Paper Outline
Victoria Maresca
Paper Topic #5
Kennedy 1:40

I. INTRODUCTION

In the state of Olympus fourteen year old Tony Simpson was charged and convicted of murder, burglary, and theft. Tony broke into the home of 72-year-old Felicia Lopez with the intent of stealing money and other valuables. Tony came in contact with Ms. Lopez in her bedroom and demanded she give him her purse. Ms. Lopez refused to hand over the purse which led Tony to hit her over the head with a heavy lamp found on her bedside table. The hit ended up killing her and Tony grabbed her purse and ran. Under Olympus law, anyone 14 years or older who is charged with murder must be tried as an adult. Tony was subject to the mandatory life imprisonment without parole. Tony appealed and argued that mandatory LWOP for murder exhibits cruel and unusual punishment when imposed against a 14 year-old offender. I argue that Tony Simpson should not be subject to life without parole and that his constitutional challenge is likely to succeed. It is cruel and unusual punishment under the 8th amendment to sentence a 14 year old child
…show more content…
By the nineteenth century, many child welfare advocates reformed the country’s view on children, and the states found it counter productive to convict children along with adults. States then recognized that minors are indeed young enough to be rehabilitated. Thus being said, the United States began discussing the idea of a separate justice system specifically for juvenile cases. In 1925 an official juvenile system has been established in the United States. “Juvenile courts do not exist to punish children for their transgressions against society…The aim of the court is to provide individualized justice for children…The delinquent is the child of, rather than the enemy of society and their interests coincide.” (Ogilvie at p.

You May Also Find These Documents Helpful

  • 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
  • Powerful Essays

    Recently, the United States Supreme Court has decided to hear a Florida case, Sullivan v. State, 987 So.2d 83 (Fla. 1st DCA 2008), where a minor received a life without parole sentence in a conviction for rape.3 This note will analyze the Sullivan case and predict how the Court will likely rule. There are two dimensions that this note will discuss: First, the Eighth Amendment jurisprudence of the United States Supreme Court regarding proportionality in sentencing. And second, the Court’s treatment of minors under the Eight Amendment’s “cruel and unusual” clause.…

    • 3052 Words
    • 13 Pages
    Powerful Essays
  • Good Essays

    Historically, children have been regarded as constitutionally different from adults. This fact is evident in the way past cases have been decided. Certain juvenile characteristics such as their “ immaturity, impetuosity, and failure to appreciate risks and consequences” illustrates the clear discrepancy between children and adults. Furthermore, the majority contend that instances that call for punishment as severe as life imprisonment without parole will be exceedingly uncommon and rare. Requiring that all juvenile convicted of homicide are sentenced to life in prison without the possibility of parole regardless of age or other mitigating factors violates the principle of proportionality.…

    • 1029 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    The United States government is based on a checks and balances type system. The three main parts of this system are the executive branch, the legislative branch, and the judicial branch. This judicial system’s job is to uphold the law of the land. Law can be defined as a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments for those who do not follow the established rules of conduct (Wikipedia.org, 2005). This is a very wide and all encompassing definition of the law and the governing judicial system. Just like the United States government the judicial system is broken up into different checks, balances, and systems. Two of these main systems are the juvenile justices system and the adult justice system. The obvious difference between these two courts is that the juvenile system is designed to handle youth offenders and the adult system is designed to handle adult offenders. Both of these two systems despite their difference have the same end goal; to administer justice. In the pages to follow we will discuss the big picture of the juvenile justice system, go over a point by point comparison between the juvenile system and the adult system, touch on both the benefits and disadvantages to being tried as a minor in the juvenile court from the perspective of a minor, and review the societal implication of abolishing the juvenile court system.…

    • 2342 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    Kent V America

    • 268 Words
    • 2 Pages

    If one looks at the background of juvenile crimes, they would find that there has been much development on the trials of adolescents and how they were viewed. Children have been described as the future, the greatest resource, and the hope for a better tomorrow. Children have been viewed as lacking in self-control by many Americans. “ Juveniles in adult institutions are five time more likely to be sexually assaulted, twice as likely to beaten by staff, and fifty percent more likely to be attacked with a weapon than minors in juvenile facilities” (White). They are usually beaten or harassed by hardened, adult criminals. For centuries, criminal youngsters have been on the wrong side of justice. In the 1800’s, the belief was shared by the public that juveniles and adult offenders should be prisoned…

    • 268 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Every year, juvenile courts in the United States handle an estimated 1.7 million cases in which a youth was charged with a delinquency offense (“Youth in the Justice System,” 2012). Throughout most of history, youthful offenders were handled under the same laws and system as adults were. While deviance has always been around, societal intervention and participation in handling juvenile transgressors has gained the most momentum in the last 100–150 years (Whitehead & Lab, 2013). A separate juvenile justice system was established in the United States with a goal of diverting youthful offenders from the adult system while encouraging rehabilitation. Today, one would hear that the system’s goal is to react to juveniles in ways that protect the…

    • 1155 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    Criminal Law Paper

    • 1806 Words
    • 8 Pages

    The legal issue present in this case is if sentencing a 14-year-old to life in prison without parole is considered as cruel and unusual punishment. Miller appealed his case on the grounds that his conviction violated both the Eighth and Fourteenth Amendments of the United States Constitution. To back his claims, Miller presented the cases of Roper v. Simmons, 543 U.S. 551, 560, which holds that "a minor cannot be sentenced to death and that a minor cannot be imprisoned for life for a non-homicidal crime, respectively, as evidence that his conviction contravenes nationally held standards of decency" (Cornell University Law School, 2012).…

    • 1806 Words
    • 8 Pages
    Powerful Essays
  • Powerful Essays

    This paper will examine the history of the Juvenile Court system and its intended purposes, the history of capital punishment being used against minors, court decisions both in limiting capital punishment for youthful offenders, as well as upholding states rights to sentence juveniles to death. Most importantly, we will analyze possible factors that contributed to the decision of Roper v Simmons such as the international community's opposition of the juvenile death penalty and the majority consensus of the American public in outlawing this practice.…

    • 3690 Words
    • 12 Pages
    Powerful Essays
  • Better Essays

    Persuasive Paper Part 1

    • 1260 Words
    • 6 Pages

    From the 1980s to the 1990s there has been a surge in minors who commit violent crimes as shown in a research study conducted by the Amnesty International and Human Rights Watch Currently. The information was based on federal and state correctional data related to race, history and nature of crimes committed by minors. The study showed inmates under the age of 18 in state prisons has more than doubled from 1985-1997. The study also shows that 61% of those minors admitted were convicted of violent offenses1. The Juvenile Court Act was founded in 18992 when the idea of reforming minors took place and the majority of crimes committed by minors were of minor misconduct. The justice systems were separated because adults were treated as criminals and minors were treated for rehabilitation. , created to rehabilitate and protect minors. The courts intended the system to be more informal and treat the juveniles rather than punish them. This system was not developed to undertake the current rise of…

    • 1260 Words
    • 6 Pages
    Better Essays
  • Satisfactory Essays

    Juveniles have been incarcerated in secure facilities since 1974. Juveniles are committing more heinous crimes and citizens have advocated for tougher penalties on crime. They want justice for the violence perpetrated on their families, businesses and communities. The Juvenile Justice system is charged with simultaneously protecting the public as well as reforming those juveniles who are convicted and sentenced to secure facilities. Barry C. Feld (1995) believes that there is a “desire to "get tough," fueled in part by frustration with the intractability of crime, that provides political impetus to transfer some young offenders to criminal courts for prosecution as adults and to strengthen the sanctioning powers of juvenile courts”(p.966).…

    • 300 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Juvenile Justice Center

    • 382 Words
    • 2 Pages

    The juvenile justice system and the adult justice system share their commonalities and differences. For example, the juvenile justice system makes it the point to rehabilitate instead of punishing juvenile delinquents. However, one must take into consideration that punishment is still a feasible concept within the juvenile system, but it is used prudently as a “last resort.” In instances of punishment for a teenager who is accused of an atrocious crime, he or she may be tried as an adult (Goldstein, 2007). According to Dr. Goldstein (2007) there are some similarities between the two justice systems as he states that “the police, judiciary, and corrections have discretion relative to decision making in both systems.”…

    • 382 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Juveniles Serving Life

    • 4252 Words
    • 18 Pages

    The issue of juveniles serving life sentences, for non homicide offenses, is becoming a recognizable problem in the state of Florida and across the country. This punishment became enacted within the federal, state, and local judicial system when courtrooms and prosecutors were given permission to utilize prosecutorial discretion when deciding to send a juvenile to an adult court. Supreme Court Justice Kennedy felt this process was wrong when he stated: “there is no statutory differentiation between adults and juveniles with respect to authorized penalties” (Re, R.M., 2011, p. 367).…

    • 4252 Words
    • 18 Pages
    Powerful Essays
  • Good Essays

    Juvenile justice was formed in response to juvenile delinquency. Juveniles were treated the same as adults before the juvenile justice system existed. According to the Criminal Justice Reference Service (1999) during the 18th century, children as young as seven could be sentenced to prison or death for crimes. This atrocity continued throughout the centuries because children were not deemed as a group with special needs and behaviors. Finally, England played a pivotal role in giving voice to the American juvenile justice system. The voice, was given…

    • 450 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Juvenile Justice History

    • 733 Words
    • 3 Pages

    The first Juvenile court was in Chicago, Illinois in 1899 for the first time ever courts had a different duty to children charged with violating the law. The Progressive viewed crime and delinquency as a disease to be treated and curved by social intervention in 1912 the child labor laws were passed. In 1925 all but 2 states had juvenile court systems. In 1935, the social security Act provided major federal funding to aid children and families. By 1948 all states had passed special laws for juveniles. Federal Youth Corrections Act created a juvenile Delinquency Bureau in the department of Health-Education and education. Courts began to use probation to discipline youth. “When youth leave jail or prison, are on probation, or have completed their adult sentence, they carry the stigma of an adult criminal conviction” (Ryan,…

    • 733 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Our current criminal justice system frequently places juveniles into adult prisons and until just recently had mandatory life sentences for some juvenile crimes. The much divided Supreme Court ruled that mandatory life sentences were unconstitutional and as a result has sparked vigorous debate as many have joined the conversation regarding how juveniles are treated in prison and if our current system is working. Despite the fierce debate, current science and statistics seems to favor one side over the other. The current United States legal system is clearly flawed as alternative systems are superior, the current system adversely affects juveniles and their chance at rehabilitation, and recent findings on juvenile brain…

    • 710 Words
    • 3 Pages
    Good Essays