...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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...The question of whether juveniles should receive the death penalty is a controversial subject for many. There are so many variables to consider regarding this subject. I believe this subject is relevant because in recent news reports we are increasingly hearing about juveniles committing some violent and heinous crimes. We don't normally think of juveniles as rapist, robbers or murderers, but when these crimes are committed by juveniles should they receive the same punishment as an adult who committed the same crimes? Juveniles have been executed in the United States as far back as 1642. That first execution took place in Plymouth Colony, Massachusetts. There has been 361 people put to death for crimes committed when they were under the age of 18 in United States. There are other countries that execute juveniles, such as Iran, Saudi Arabia and Sudan. Most countries do not believe in the practice of executing juveniles. The United States abolished the execution of juvenile offenders under the age of 18 in 2005. The case before the United States Supreme Court was Roper v. Simmons in 2005, wherein the Supreme Court ruled that "the execution of people who were under 18 at the time of their crimes violates the federal constitutional guarantee against cruel and unusual punishment." This was a turning point in our country, and there were plenty of debates from people that did not agree with the ruling, and others who felt the ruling was the absolute right thing to do. The...
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...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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...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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...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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...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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...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” 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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...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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...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, 2004). A lot of people think...
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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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...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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...[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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...Nicole Esperon CJA/204 Introduction to Criminal Justice Deborah Carr, J.D. Juvenile court is a specific court which deals with young adults who violate federal, state, and county laws. The court also addresses children and young adults who have been abused sexually, physically or emotional and mentally, dependent upon drugs or neglected. Most juveniles will be seen in this court until the age of eighteen. There is then an additional facility that may house young offenders from 18-25. If an offender needs further incarceration to finish their sentence then they will be sent to adult facility once they turn 25. In recent years however some crimes are so heinous that young adults have been tried as adults in adult court subject to those rules. The definition of delinquency is the behavior of a person that is a violation of the law. It is a continued disobedient behavior that does not seem to be able to be corrected by community leaders, church or parents. The offender is then handed over to the juvenile courts for correction. Status offenses are based on behavior of status offenders. A status offender is the special category that encompasses a specific genre of offender. In this case it is based on children who violate laws specific to them such as truancy from school, running away from home and basic disrespect of parents and laws. Some basic similarities exist in both courts. Both courts are there to punish the offender and protect the community. ...
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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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