The U.S. Supreme Court would judge the case on whether sentencing a fourteen-year-old to life in prison without parole violates the Eight and Fourteenth Amendment’s prohibition of cruel and unusual punishment (Carrizales & Schultz, n.d.). Miller’s counsel argued that sentencing a fourteen-year-old to life without parole without considering certain factors such as his age violates the Eight and Fourteenth Amendments’ ban on cruel and unusual punishment (Carrizales & Schultz, n.d.). The state of Alabama argued that punishing a fourteen-year-old to life without parole does not violate the Eight or Fourteenth Amendment, but serves a justifiable penological goal when the crime is aggravated murder (Carrizales & Schultz,…
The article On Punishment and Teen Killers by Jennifer Bishop Jenkins speaks about how we here in the United States although we do give teenage murderers very big sentences that make them spend the rest of their life in prison we still respect their human rights. We do not imprison children nor torture and hurt the offenders, we simply are not letting their crimes go in vain. The authors purpose is to let us know that all though many people believe that teenagers who commit crimes should have a smaller sentence because of the way and the time it takes for their minds to develop. In fact she even states the following, "If brain development were the reason, then teens would kill at roughly the same rates all over the world. They do not.…
The court looked back on the history of the execution of juveniles and found that the rates of capital punishment to juveniles had been reducing in frequency. To support the holding, the Courts also looked to other countries and how they handled the execution of juveniles guilty of murder. And found that many of the countries had discontinued the practice of the death penalty for minors. On a writ of certiorari to the Supreme Court of Missouri, Justice Stevens and Justice Ginsburg concurred that the evolving standards of decency do change our understandings of the Constitution and if the interpretation of the Amendment held when it was originally drafted it would allow for the execution of 7-year-old children today. Justice Scalia, Chief Justice and Justice Thomas dissented as they felt that the meaning of the Eighth Amendment should be “determined by the subjective views of the members of the court and like-minded foreigner”.…
In the case of Roper versus Simmons, the question at hand is whether the execution of a human being who was17 years old when he committed a murder violated the Eight and Fourteenth Amendments pertaining to cruel and unusual punishment (Elrod and Ryder, 2014). These Amendments forbid the obligation of the death penalty for those who suffered from a mental disability and who were insane should be prohibited from a sentence of capital punishment (Elrod and Ryder, 2014). According to the Eighth and Fourteenth Amendments of the United States Constitution, it was lawful to execute a juvenile delinquent who was 15 years older but younger than 18 when he committed a capital crime (Elrod and Ryder, 2014). Roper versus Simmons paved the way in the judicial…
There is no doubt that the two separate cases of Roper v. Simmons and Thompson v. Oklahoma the act of murder was committed by minors who were tried, convicted, and deserving of a fitting punishment. However, in this analogy between the primary and secondary analogue, the argument of Roper v. Simmons is if a minor under the age of 18 should be sentenced to Capital Punishment, and if doing so is a direct violation of the Eighth Amendment citing cruel and unusual punishment (Roper v. Simmons, 2005). The Supreme Court ruled in the case of Thompson v. Oklahoma, “that executing persons for crimes committed at age 15 or younger constitutes cruel and unusual punishment in violation of the Eighth Amendment” (Roper v. Simmons, 2005). In part, because Oklahoma’s death penalty statute set no minimum age limit in which he or she would be sentenced to death (Flaherty, 2002).…
The first case that stuck out with me the most was the In re Gault case of 1967. This case focused on a youth named Gerald Gault who was 15 at the time of the supposed offense. I feel this kid was railroad from the beginning his rights were violated in many ways. He did not receive the right to counsel, notice of charges, questioning of witness because the witness did not show up for the proceedings, protection against self-incrimination, a transcript of the proceeding, nor and appellate review all these things were denied. www.ncjrs.gov I believe it was important in establishing the due process clause of the 14th Amendment which was violated.…
Children committing heinous crimes are not a rare occurrence anymore; the upsetting reality requires new tactics for dealing with young juveniles. Some Americans believe children should be tried as adults, yet others feel that they are too young to understand their wrong doings. In most conditions minors are quickly told they are too young or too old for something, however before being sent to an adult facility we need to contemplate all aspects of the case in order to decided whether or not being tried as an adult is necessary. Regardless of the crime, some people feel that an adult facility is not a suitable environment for children to serve their sentences.…
Kenneth Young was 14 when he was convicted and received four life sentences. While the brains of the operation, a 24 year-old black male was only sentenced for only a single life sentence. Yes both roughly the same length but it’s apparent that the adolescents are treated unfairly in the court systems. The worst part of the injustice system is that one of the biggest, most biased factors that play a role in deciding the final discipline is…
One reason why juveniles should not receive life in prison without parole is the undeveloped thinking process that occurs. This is further explored in the article, “Startling Finds on Teenage Brains,” by Paul Thompson, an assistant professor of neurology at the University of California, Los Angeles. In the article, Thompson focuses on the cognitive development of the juvenile brain and compares it with the brain of a full grown adult. He uses an example of a juvenile being tried as an adult for second-degree murder to point out how when questioned, the juvenile was unable to give a reason for his actions. He then reports on findings about the teenage brain that he and his research team had discovered.…
In the article Death Penalty for Teens, Frank W. Heft JR thinks that the death penalty is cruel and unusual punishment for teens. While David Smith thinks that the death penalty for teens is not cruel and unusual punishment, they both have different views points about this matter and they do not agree. Heft and Smith disagree on juvenile capital punishment in three different areas, physical maturity which includes age, state law versus federal law, and emotional maturity that refers to the ability to understand, and manage their emotions and the ability to respond to the environment in the appropriate manner. Because of their disagreement on age maturity, and emotional maturity, federal law and states law, it leaves the reader undecided…
This is not to argue about the pros and cons of the death penalty and juveniles, but to give data it can inform the controversial argument to focus on the Death Penalty and Juveniles. This is important to the general area under study because it will give a clearer view on the opinions of each person on the death penalty and juveniles. The intent is to provide details of death penalty and juveniles, whereas to give an understanding of what causes these young offenders to commit a crime and why the law agrees with the death penalty on juveniles with no difference from the adults. Additional studies show the death penalty used with juveniles may perhaps appear to be civilized or not. Sentencing a juvenile to death could lead to asking questions for…
While the “criminal is a child” approach to the juvenile justice system is appealing due to its forgiving nature and emphasis on rehabilitation rather than punishment, there are some cases in which this decision is not so cut-and-dry. One of these instances of a legal “gray area” is the case of Marin Sinzer, who was charged for the murder of Tammy Shevin, 25 years after the crime was committed. The now 38 year old is petitioning to be tried as a juvenile, since he was only 13 at the time of the crime, a year younger than the waiver age at the time. While many proponents of the “criminal is a child” approach take that stance because of the physical and psychological dangers posed to juveniles who are placed in adult prisons, in this unique…
The decision of juveniles being tried as adults in the world of criminal justice has usually been an object of controversy. Some agree that an adolescent who commits a serious crime like murder deserves to be penalized exactly like an adult; while others declare that a minor should not face the same punishment as an adult. However, no matter how severe or appalling a crime may be, juveniles should not be tried as adults; the reason being that everyone should be granted the chance to learn from their mistakes. Juveniles should not be punished as adults, simply because they biologically distinct from adults. Teenagers are the midsection between children and adults.…
The opposition believes that juveniles should be allowed to be sentenced to mandatory life in prison.the opposition claims that recent brain research made on teen brains has nothing to do with teens committing crime. Author of On Punishment and Teen Killers, Jennifer Jenkins claims that, “ Advocates often repeat, but truly misunderstand brain research on this issue. The actual science does not… in any way negate criminal culpability” (Jenkins). The idea behind this statement is that the recent research on teenage brains is invalid for proving a juvenile less innocent. This idea is highly disagreeable because juveniles are nothing like adults especially in decision making.…
Criminal Justice Frontline’s video, “Second Chance Kids,” takes its viewers through a controversial topic: life in prison for those who committed crimes as teens. Before the mid 2000s, teenagers who murdered someone get sentenced to life without parole. The arguments that teenagers grow up and change convinced courts to reconsider giving parole to those who were convicted for their crimes made as a teen. In one case, Anthony Rolon was 17 years old when he committed a crime. He was helping his father with selling drugs but a party next doors got really loud.…