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.