...There have been many cases that question whether or not the execution of minors and people with special needs is cruel and unusual punishment. In the year of 1993 a seventeen year old male named Christopher Simmons was sentenced to the death penalty after committing capital murder of a young woman. The penalty was sentenced soon after he turned the age of eighteen. After a series of appeals were sent to federal and state courts the case landed at the Missouri State Court and the U.S. Supreme Court. The Missouri Supreme Court, and the U.S. Supreme Court had opposite standings on the execution of Christopher Simmons, while the Missouri Supreme Court wanted Simmons to be executed still after multiple appeals and protests went on, the U.S. Supreme...
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...be sentenced to this, all other states have a eighteen limit (Pros and Cons Part Two). It should be legal to have the death penalty for juveniles, because dangerous criminal juveniles deserve the same punishment as adults. Juveniles are equal to a grow adult when they break these severe laws. Dangerous criminal minors deserve the same punishment as anyone else. Countries that support these executions include the United States, Iran, Pakistan, Saudi Arabia, and Yemen(History of the Death Penalty, Linn). Ninety Seven children have been executed since the year 1900 (HIstory of the Death Penalty, Linn). These children are dangerous people and we cannot trust them again in a public setting. The counties that allow this penalty see them as criminals , there is no age limit for committing crimes. Another reason for juvenile death penalty would include how they would live the rest of their lives out....
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...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 certain races. It should merely aim to prevent those who have committed heinous...
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...“Death Penalty” Furman was a poor black man living in Georgia when he broke into William Joseph Micke, Jr’s house, Mr. Micke went downstairs to investigate and saw William Furman in his house with a gun. Furman began to flee the house but tripped in the process and fired the gun accidently shooting Mr. Micke in the chest and killing him instantly. Furman was later found by the police still carrying the gun and arrested for murder. This case is known as Furman v. Georgia and was taken to the Supreme Court on the fact that the death penalty in Georgia violated the Eighth Amendment of the U.S. Constitution. This is a landmark case because “The significance of Furman v. Georgia is that this case was the first case that was ruled violating the Eighth amendment and that it halted every man on death row in the United States” (study). But before the case reached the Supreme Court the case went on trial September 20, 1968 where Furman pleaded mentally ill and insane, the court rejected his plea and found him guilty of murder. Then, Furman appealed his conviction and sentence, based on the death penalty in Georgia violating the Eighth Amendment of the U.S. Constitution . The Eighth Amendment says the federal government may not use "cruel and unusual punishments” (Henson). The case was later tried in the Supreme Court January 17, 1972. The justices who won majority and reversed the case were William J. Brennan, Jr., William O. Douglas, Thurgood Marshall, Potter...
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...The vital problem of death penalty for children as one of the most important issues of the contemporary system of justice. The death penalty issue has always been one of the most important issues of the contemporary system of justice. Years ago the majority of the criminals were male over 20, but nowadays the situation has quite changed. Not only grown-ups but also by children who are under 18 years old nowadays commit murders and other terrible crimes. Ordinarily, a young criminal is not applied the same restrictions for his crime as a grown criminal is, nevertheless if it especially goes about capital crimes people start talking about the death penalty for such juveniles. A child always remains a child and if he commits a crime it is not because he has had a good life. It is not the guilt of the children, but their big misfortune. It is a misfortune of not having anybody to love and truly support them and lead them in the correct direction. Along with that it is common knowledge that the period of 11 through 17 is a period of an especially intensive changes both in the organism and the mind of a child. That is why it is not fair to put a child in the same line with a grown up that can be completely responsible for his actions. A child is not mentally capable of comprehending the crime he or she commits. The system of values in the age under 18 is not built yet, other people can easily influence children and the psychic process are not stable yet. Under these conditions...
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...Death Penalty for Juveniles Christine O'Connor CJA/374 July 6, 2015 Pamela Knothe “'Kids may know the difference between right and wrong, but that does not stop them from doing dumb and dangerous things that they would never think of doing as adults,' said David Fassler, a child psychiatrist and professor of psychiatry at the University of Vermont.” (Davies, 2004) This is why I do not think that juveniles should be sentenced to the death penalty, as a rule. As with all rules, there has to be the possibility of exceptions. I am not sure what age would be an appropriate age for the “rule.” I am in favor of the death penalty in some cases. In the case of a juvenile, however, I think that you really need to look hard at the circumstances. There is research being done that is pointing toward the fact that the front part of the brain, the frontal lobes and prefrontal cortex, does not fully develop until a person is between eighteen and twenty two years of age. It is this area of the brain, the amygdala, the more primitive part of the brain responsible for impulse and emotion, that controls decision-making, anticipating consequences, and thinking in abstract, that continues developing into early adulthood. If this is true, kids need to be punished for murdering someone but should not be put to death for it. I took care of my fiancee until he lost his battle with cancer. The last place that the tumors grew was in his frontal lobes. I watched...
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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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...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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...Laurie Mosley Ethics Mrs. Kauffman May 30, 2015 Juvenile Capital Punishment The youngest offender ever executed in the United States was James Arcene, a ten year old Cherokee, who was hanged in Arkansas in 1885 for participating in a robbery and murder (James Austin, 2000). Juvenile capital punishment has always been a highly controversial and publicized matter. As a society we recognize that children, those under eighteen years old, cannot and do not function as adults. Because children do not function as adults, the law takes special steps to protect children from the consequences of their actions and often gives them a second chance. The law prohibits people under eighteen years old from voting, serving in the military, and serving on juries. Majority of the criminals are male offenders over twenty years old, but this is changing rapidly. Not only are adults committing capital offenses, but children who are under eighteen years old are committing such heinous offenses. A child that commits a heinous crime is not mentally capable of comprehending the crime he or she commits. The system of values in the age under eighteen is not built yet, other people can easily influence children, and the psychiatric processes are not yet stable. Under these conditions a child should never be sentenced to death or a life in prison because their mind is not fully developed. Children still have a chance to change and be rehabilitated. ...
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...sentencing, federal and state courts have struggled when deciding individual cases, and the Supreme Court has failed to articulate legal rules that could promote the development of a coherent jurisprudence ( Lippman, 2007). Working within the governing law and building on the work already done by scholars who have focused on this problem. There are three principles: transparency, limited deference, and a "felt sense of justice," that could guide the process of proportionality review and contribute to defining a retributivist touchstone for proportionality judgments (Lippman, 2007). The Death Penalty. The death penalty in the United States is used almost exclusively for the crime of murder. Although state and federal statutes contain various capital crimes other than those involving the death of the victim, only two people were on death row for a non-murder offense (Victor L. Streib, 2004). No one has been executed for such a crime since the death penalty was re-instated in 1976. In 1977, the U.S. Supreme Court in Coker v. Georgia, 433 U.S. 584, held that the death penalty for the rape of an adult was "grossly disproportionate" and an "excessive punishment," and hence was unconstitutional under the Eighth Amendment (Victor L. Streib, 2004). The Court looked at the relatively few states that allowed the death penalty for rape and the few death sentences that had been handed down. Death penalty to juveniles is another controversial topic in our justice system today (Victor L. Streib...
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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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...Constitution in today’s debates. There are those who advocate for the death penalty and those who oppose it, arguing that it constitutes as cruel and unusual punishment. With that being said, this paper will discuss the constitutionality of the death penalty. Controversy over the death penalty in the U.S. Supreme Court can be traced back to 1879 with Wilkerson v. Utah, which stated that the Utah territorial statue of execution by firing squad was not cruel and unusual punishment under the eighth amendment of the U.S. constitution. (Wikipedia: Wilkerson v. Utah) In 1972, the United States Supreme Court struck down capital punishment, reducing all death...
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...specify what and who will be search so that an individual privacy not invaded. The United States Constitution of the first amendment states Congress cannot make laws condensing the right for people the peacefully assemble, speech, the press, and religion (Bill of Rights). Chris Neefus wrote article that challenge the First Amendment. The title of that article was “Justice Breyer suggests that burning a Quran could be like shouting fire in a crowded theatre and not protected by First Amendment.” The article is about the First Amendment right of Pastor Terry Jones. Terry Jones stated about free speech and right to assembly. Jones wanted to know if he burn the Holy Quran is there protection from the Bill of Rights. There was a case in 1919. The Justice Oliver Wendell Holmes gave his opinion on what actions should protect by the First...
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...Sullivan’s case 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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...Administration TABLE OF CONTENTS 1. Table Of Contents…………………………………………………………2 2. Executive Summary………………………………………………………..3 3. Scope and Statement of the Problem………………………………………4 4. Literature Review………………………………………………………….5 5. Methodology………………………………………………………………7 6. Analytical Results………………………………………………………....8 7. Discussion………………………………………………………………...10 8. Bibliography………………………………………………………………16 9. Appendix………………………………………………………………....17 EXECUTIVE SUMMARY In summary, the cost of housing an incarcerated inmate does affect the budget of the United States. Whether, the inmate is sentenced to life imprisonment or the death penalty. The facts in this research paper leans heavily in favor of life imprisonment as a cheaper form of punishment verses an inmate being sentenced to death row. The judicial system and politicians have formed several alternatives to assist our country with the ability to lower the cost of housing an inmate in our prison system. For example, the United States detaining systems are concentrating more on issuing a fair sentence to nonviolent offenders, such as, substance abusers and prostitutes. They realize that the majority of the inmates are in need of drug rehabilitation and have a mental illness. Also, the research shows that women offenders are the most affected with drug addiction and substance abuse. They also have the greater risk of recidivism and mental illness, due to, the drug addiction and substance...
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