...prohibits people under eighteen from voting, serving in the military and on juries, but in some states, they can be executed for crimes they committed before they reach adulthood. The United States Supreme Court prohibits execution for crimes committed at the age of fifteen or younger. Nineteen states have laws permitting the execution of persons who committed crimes at sixteen or seventeen. Since 1973, 226 juvenile death sentences have been imposed. Twenty-two juvenile offenders have been executed and 82 remain on death row (Juveniles and the Death Penalty). On January 27, 2004, the U.S. Supreme Court decided to review whether executing sixteen and seventeen year-olds violates the Constitution’s ban on 'cruel and unusual...
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...Death Penalty for Juveniles Loren L Broadwater CJA/374 February 8, 2016 Dr. Pamela Knothe Death Penalty for Juveniles In society today, the discussion of Capital Punishment - or the Death penalty - is a highly controversial subject. The political correctness stance that the country has taken only compounds the discussion exponentially. The death penalty is often associated with heinous crimes that are committed by adults. Capital punishment is highly publicized by the media when adults commit senseless acts against humanity. When adults are placed on death row society acknowledges that justice has been served. However, adults aren’t the only members of the community that commit unspeakable acts of crime. Juveniles also have been arrested for murder, charged as adults, and then sentenced to death. The thought of executing a juvenile is a double standard when compared to the laws in place to protect the same juveniles. Rehabilitation is the norm when dealing with juveniles who commit delinquent acts against the community. The question then arises as to whether Capital punishment is the correct form of punishment when a youth commits murder? Legal adulthood starts at age eighteen, the age at which a young person can vote, buy cigarettes, join the military, and live however they want as long as they follow the law. When young adults choose to break the law they need to be held accountable for those actions. “Do the crime and do the time”, is the philosophy for adults....
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...was taken the United States Supreme Court and argued against cases of life in prison without possibility of parole for juveniles. Sullivan’s case did grant him relief, but currently he is still serving his life term. Aristotle’s Golden Mean is something to note with Sullivan’s case. Aristotle argues that the proper way to behave in an ethical or moral sense is in accordance with the mean (as stated in Banks, 2013, p, 291). Sullivan though mentally handicapped, Aristotle’s view would pose the question of what the “mean” would have been. Sullivan robbed an old woman. This would not be seen as ethical or moral. Bentham however would be looking at the people and the pain it may have caused. Banks (2013) “In other words, we...
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...W4D7 Assignment: Documenting Sources Broad Topic: Capital Punishment Narrow Topic: Juvenile Maturity Affects Capital Punishment Sentencing Sub-Topic #1: A juvenile is less culpable than an adult. Sub-Topic #2: The United States Supreme Court declares that practicing the execution of anyone under the age of 18 to be unconstitutional. Sub-Topic #3: Human Rights are protected and supported within the "Universal Declaration of Human Rights", adopted by the United Nations General Assembly. *The sources that support my topic are listed in APA format: *Eddlem, T.R. (2005). Supreme arrogance: in one of its rulings, the Supreme Court has once again stepped beyond its legal bounds, ending capital punishment for people under 18 years old. Adding insult to injury, the court explicitly cited foreign sources in the main text of its decision. The New American 21.7 (April 4, 2005): p30(3). Retrieved June 5, 2009 from ProQuest database. *Arson, J.D. (2006). Brain imaging, culpability and the juvenile death penalty. Psychology, Public Policy, and Law. Vol.13 (2) pp. 115-142. Revised: March 17, 2007 Accepted: March 21, 2007. Retrieved June 4, 2009 from ProQuest database. *Amnesty International. (2009). Human Rights. Retrieved June 5, 2009 from http://www.amnestyusa.org Sub-Point(s) Internet Source Support From my mind mapping assignment, I have narrowed my topic even further. I have decided to focus my expository essay on the effects that a juvenile's...
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...family member that have lost someone to the death penalty to express their loved one’s situation with the death penalty. Death penalty is also known as capital punishment or execution. Communities from all over the world have used this punishment at one point in history, in order to avenge criminals. Most common reasons for being sentenced to death were war crimes, war treason, murder, theft, property damage, practicing magic, and espionage. In America and England, there are still cases where the death penalty occurs. In America, the idea of capital punishment has been proposed to be abolished but was rejected. In England, the idea of capital punishment was abolished first and came back into the people’s lives. The idea of abolishing capital punishment is similar in America and in England because it was thought to be abolished by both countries but was approved in England. In America, proposals were made to abolish capital punishment, but were not successful, while in England capital punishment is abolished, which holds meaning to the people in both countries. The United States has had the death penalty since the eighteenth century. Execution in the United States became the first legal system which continues to enforce the law and its responsibilities. The death...
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...[Type the company name] [Year] [Type the document title] [Type the document subtitle] alkazar CAPITAL PUNISHMENT Capital punishment, also known as death penalty or execution is a lawful infliction of death upon a person as a punishment for an offense. It has been practiced in the past by most societies, although only 58 nations still practice it, with 95 countries having abolished it. It’s a matter of active controversy in various countries and states. The bible prescribes death for murder and many other crimes, including kidnapping and witchcraft The death penalty has been use in America since 1608. WHAT DOES IT TAKE TO THE DEATH PENALTY Getting capital punishment in any state is not a foregone conclusion in any homicide case. * First the District Attorney has to charge the defendant with first degree murder and seek the death penalty; this is not something they do lightly. * The defendant may offer a plea bargain where he will plead guilty in return for the DA not to have the death penalty, otherwise if the case goes to trial the jury has to find that person guilty in the first degree. * Therefore after the first phase of the trial when a defendant is found guilty in a capital murder case it has to be a second penalty phase where the prosecution can put forward aggravating factors and the defense can show mitigating factors and jurors have to make sure that those factors have been proved and between those jurors. If one of them objects...
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...Arguments on Capital Punishment Length: 2 Pages 545 Words Printer Friendly Version Capital Punishment: Is It Right or Wrong? Capital Punishment is a controversial topic discussed in today's society. There is a heated debate on whether states should be able to kill other humans or not. People that are in favor of the death penalty say that it saves money by not paying for housing in a maximum prison. Those opposed say that it is against the constitution, and is cruel and unusual punishment for humans to be put to his or her death. I believe that the death penalty is against the constitution and is cruel and unusual punishment. The death penalty is cruel because you cannot punish anyone worse than by killing them. It is an unusual punishment because it does not happen very often an it should not happen at all. Therefore, I think that capital punishment should be abolished. Capital punishment is the death penalty, and has been legal in most states for many years. The death penalty did not begin reporting executions until 1930, although legal executions have been preformed before then. From 1930 to 1992, there have been 4,002 executions in the United States (Foster, Jacobs, Siegel 54). From around the 1930s to the 1960s there was a steep drop in the total numbers of executions in the US until the mid 1960s. The drop in executions is due to the lack of public support and legal challenges. Then a 10-year moratorium began in order to determine a constitutionally acceptable way...
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...face in duct tape and threw her from the bridge alive, drowning her in the waters below. Simmons later bragged about the killing, telling friends he had killed a woman because the bitch saw his face. The State sought the death penalty. As aggravating factors, the State submitted that the murder was committed for the purpose of receiving money, for the purpose of avoiding, interfering with, or preventing lawful arrest of the defendant, and involved depravity of mind and was outrageously and wantonly vile, horrible, and inhuman. A primary purpose of the juvenile justice system is to hold juvenile offenders accountable for delinquent acts to prevent future involvement in law-violating behavior. If you murder someone in cold blood by the laws of common sense you deserve equal severity in your punishment for the crime you committed. Society should demand accountability in how the justice scale tip. If the only sentencing for capital murder was death, the murder rates would drastically...
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...The authors find that recent empirical studies suggest a general favourability for the death penalty, while also suggesting a preference for meaningful alternative sentences. Due to the incongruence evident between these two sentiments, the authors question whether this favourability is upheld in cases where the offender is either juvenile or mentally retarded. The authors posit that much current research is misinterpreted and that most reports neglect to make these important distinctions between the abstract notion of capital punishment and the particular circumstances in which it is enforced. Sandys and McGarrell attempt to mitigate this, using Indiana (a state where the death penalty is imposed) as the context of study, the authors aim to analyse and interpret support for capital punishment with accuracy. A goal of extreme importance in the current death penalty...
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...parole for a juvenile is one of the most controversial questions in the juvenile justice system today. Should a 13 year old sit and rot in prison for life, with days full of emptiness without a chance to change? The actual definition of capital punishment is the lawful inflictions of death as a punishment. Does life without parole for juveniles constitute to be cruel and unusual to be unconstitutional? Execution is not the right decision for a crime committed by a juvenile or life without parole because most juvenile do not fully mature until their late teens, they have time to change and placing them in prison for life would be a waste rather than a solution. The issue is so important because since the death penalty is out ruled for being unconstitutional, courts are finding a back way which is life without parole for juveniles who are murders. There are currently 79 of these juvenile killers who will die in prison. These 79 juvenile can change their life’s, they can be somebody in the future. But with their sentence they are hopeless; they will just die in prison. We can be using those 79 cells for mass murders or grown adults that have no hope in changing. I find that life without parole is cruel for a juvenile of such young age because they can change. Most time Juveniles may participate in certain remote acts for survival or parenting can play an incredible role in how juveniles make poor decisions, or simply peer pressure can affect their acts The juveniles don’t know the...
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...Asharin 1 Asharin, Justin 4/12/10 Gardner Philosophy Why Capital Punishment Works: Concepts of An Ideal Model Throughout the history of capital punishment, there have always been many criticisms of the penalty questioning everything from racial motivations to give the penalty, to why or why not juveniles should be exempt from the penalty, to the economic efficiency of it. Economically, many believe that the death penalty is a too long and drawn out process, and that giving life in prison is a more efficient process, and saves tax-payer money. In terms of discrimination, there has always been a subliminal sense against certain groups; with those being minorities and juveniles. The death penalty is supposed to only be given as a punishment based on the nature of a crime. However, certain statutes such as the minimum age law for the death penalty attempt to prevent true justice. If a juvenile is deemed competent, and their crime is heinous enough to incur the death penalty, then there is no reason as to why they should not be given it. As for minorities, there have always been questions as to why the majority of inmates on death row are African American. Although racism seems to be the easy answer, it is clear that the true reason is because many African Americans live in higher poverty areas were crime is rampant, thus making them more susceptible to committing heinous crimes. The death penalty should defend certain peoples, and should be used more often against...
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...Juvenile Criminology Student’s name Institution My discussion question Adult prison system is unsuitable to meet the needs of young offenders as shown by various research studies. The process of maintaining public safety, successful integration of young offenders to the community, rehabilitation, skill development and treatment are the main goals of the juvenile system. As suggested by Howell, (2003), justice can never be served by forcing juveniles through a system never intended to process teenagers, moreover transfer laws have worsened the implications they intend to address. Juvenile justice system was essentially established because many teenagers were subjected to awful violations in adult jails and prisons hence resulting to the society as more hardened criminals. Placing young offenders in adult prisons heightens criminal behaviors after release according to the findings. There is well founded fear that several number of young offenders slated to be placed in adult jails are more likely to be assaulted ,commit suicide and raped. Juveniles are driven to desperation and abused regularly in adult prisons because they are not specific measures to protect the young offenders from the adult prisoners. My completes work Case summary Issue Roper v. Simmons’ main issue is whether the application of Death penalty on a person who committed murder at age 17 amounts to “Cruel and Unusual” sentence and thereby barred by the 8th and 14th Amendments (Dinkes, et al 2009) Facts The...
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...Sentencing and Punishment Paper Karen Peters CJS/200 03-31-2013 Brenda Barney Sentencing and Punishment Paper There are several philosophies used in the court systems that are used in determining what the punishment will be for criminals that are found guilty for the crimes they have committed. The four philosophical, reasons are used in juvenile and adult courts; they are retribution, incapacitation, deterrence, and rehabilitation. Juvenile courts are similar to how that adult court systems, but there are several differences of the two. Both systems work at trying to keep crime from occurring, and they both us some sort of sentencing and punishment for the criminals that are found guilty, they use the punishment philosophy that courts use to determine a punishment suitable for the crime and that will help with future prevention of crimes happening from the same offenders. Six forms of punishments go along with the four philosophical forms. The first philosophical reason is retribution; this is the earliest form that is known as a rationale punishment, it followed the Old Testament of and Schmalleger (2011) “eye for and eye” and a “tooth for a tooth” (p. 373). In the case of minor crimes, it was supposed to lower the severity of punishments. In today’s world it corresponds to what is called just deserts a form of sentencing holding criminals responsible for the crimes that they commit. Once they are convicted they are known to have gotten their “just deserts”...
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... Over the centuries, laws and public attitudes relating to torture have evolved. It is no longer permissible to use thumbscrews or the rack as legally sanctioned means of interrogation and punishment. Attitudes toward the death penalty are also changing, and as more and more countries abolish capital punishment, the guillotine, the garrotte and the noose are being relegated to museums, alongside medieval instruments of torture. As we know, the death penalty is the sentence of death upon a person by the state as a punishment for a crime. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally “regarding the head”. Hence a capital crime was originally one punished by the severing the head from the body. Capital punishment in Malaysia applies to murder, drug trafficking, treason, and waging war against Yang di-Pertuan Agong (the King). Recently, the law has been extended to include acts of terrorism. Any terrorists, and anyone who aids terrorists, financially or otherwise, are liable to face the death penalty. Only High Courts have the jurisdiction to sentence someone to death. Juvenile cases involving the death penalty are heard in High Courts instead of the juvenile court where other juvenile cases are heard. Appeals to the Court of Appeal and the Federal Court are automatic. The last resort for the convicted is to plead pardon for clemency. Pardons or clemency are granted by the Ruler or Yang...
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...specifically address the arrest, trial and the legal issues that arose. It will explain and identify the holdings of the lower courts and it will explain and identify the decision of the U.S Supreme Court. II. The Facts Christopher Simmons, who was seventeen years old, and two of his friends by the name of Charles Benjamin(fifteen years old) and John Tessmer (sixteen years old) had a detailed conversation about committing a murder. Christopher Simmons had a premeditated plan to which included, burglary (breaking and entering), robber and murder. Simmons wanted to bond and tie the victim and discard them off the bridge. Simmons convinced his two friends that they would not be convicted for these acts because they are still considered juveniles (under the age of eighteen). On September 9th at approximately 2 a.m. met up with each other to carry out Simmons plan to murder the victim. Tessmer, left the group after changing his mind, shortly after they met up. Simmons and Benjamin still decided to carry out the plan; they broke into the victim’s home by reaching through an open window and unlocking the back door. While they were in the Simmons turned on the hall light which woke up the owner. Shirley Crook asked “Who’s there?” Simmons followed the voice and went to her bedroom. Upon arrival he recognized her from a prior car accident they both were a part in. Simmons and Benjamin gained control over her and duct tapped her mouth and eyes closed, bound her hands together and placed...
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