...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...
Words: 1621 - Pages: 7
...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...
Words: 3232 - Pages: 13
...“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...
Words: 3854 - Pages: 16
...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...
Words: 3383 - Pages: 14
...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...
Words: 887 - Pages: 4
...referer=&httpsredir=1&article=6901&context=jclc Radelet and Lacock's study 'Do Executions Lower Homicide Rates: The Views of Leading Criminologists' (Journal of Criminal Law and Criminology, 2009), compares the deterrence capability of the death penalty to that of long term imprisonment. The article begins by detailing the context of the study through highlighting the declining support for the deterrence hypothesis, due in large part to flawed empirical research. Radelet and Lacock offer a brief history of studies on...
Words: 1264 - Pages: 6
...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...
Words: 2570 - Pages: 11
...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. ...
Words: 1964 - Pages: 8
...Death Penalty Death Penalty II Abstract We as a society have chosen to have a death penalty for the crimes that cry out for justice even though the use of the death penalty is known to have mistakes and may require a great deal of time and money to ensure that we have the correct person. The problem is that the system is in a lose-lose situation and cannot win either way. So because of this we have to weigh the odds of the death penalty against the possibility of mass crime increases. The facts all weighed together then weighed against the possible outcome of no death penalty most could see that the latter has far worst results. There are steps that we can take to assure that any person who gets the death penalty has the best defense and all avenues of discovery is covered and researched and all court appeals if any have been heard. The defendant and the state have a large amount to lose. The fact that we have to get this right the first time should prove the cost of the procedure well worth the monies spent. No matter what way it is looked at being for or against the death penalty are a personal and often a moral decision. The battle of those for and against the death penalty will continue to be fought because these two groups will never see the issue eye to eye. Death Penalty III Death Penalty The death penalty has been thought to be a deterrent to homicide by many. It’s a fact that the death penalty cost tax payers billions of dollars each and every year. Society...
Words: 3129 - Pages: 13
...Should Juveniles be Charged and Sentenced (including the death penalty) as adults? This is a very serious issue to me because we are talking about children. I do not believe children should be charge with the death penalty; the reason for this is some children are influenced and coerced by adults. The child is scared because he or she has been threatened by an adult to commit a crime. Adults prey on children that are vulnerable for example, no father in the home, the lack of finances and attention by their parents so they seek other alternatives. The child gets involved with the wrong people who make the child feel wanted and supplies them financially, and that’s when trouble begins. The child is intrigued by the offers and some go willingly due to their circumstances they experience at home. Juveniles should not be charged and sentenced (including the death penalty) as adults....
Words: 1238 - Pages: 5
...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...
Words: 1351 - Pages: 6
...The Use of the Death Penalty A Paper Presented by the National Policy Committee to The American Society of Criminology National Policy Committee James Austin, Chair Kitty Calavita Roland Chilton Jeffrey Fagan Calvin C. Johnson Delores Jones-Brown Mark Moore Ira Schwartz Linda Teplin Franklin Zimring November 2001 The findings and opinions contained herein are those of the National Policy Committee and do not necessarily reflect the official position or policies of the American Society of Criminology. Ronald Weitzer, Professor of Sociology, Dana Coleman, Research Assistant, and Sarah Benatar, Graduate Research Assistant at the Institute on Crime, Justice, and Corrections at George Washington University provided substantial assistance in the preparation of this document. Introduction Capital punishment is among the most hotly debated issues in American politics. Passions run high for both those who want the death penalty abolished and those who seek to preserve or expand its use. What follows is a summary of key issues in the death penalty debate, research findings on the application of capital punishment, and a discussion of policy considerations. The American Society of Criminology (ASC) is greatly concerned with the death penalty and its application in the United States. This year, ASC President Ronald Huff and the ASC Executive Board authorized the ASC’s National Policy Committee (NPC) to develop a policy paper that would focus on...
Words: 6090 - Pages: 25
...that if a child does not have the same legal rights and responsibilities as adults, they should not be held to adult standards in this case either. In this paper I will explain the disadvantages and inhumanity of this injustice toward our future by using facts, statics, and blogs. In the 18th century, children as young as seven could be tried as adults, in criminal courts, in America. These children were jailed with adults because the first institution designed to accommodate children wasn’t established until the year 1825. The Society for prevention of Juvenile Delinquents founded the New York House of Refuge, which prompted other states to follow their examples by building group homes and half way houses for child offenders. The first juvenile court wasn’t established until the year 1899 in Cook County, Illinois. It took until the year 1925 for 48 out of the 50 states to found juvenile courts as well. An amendment in 1980, mandated that juveniles could not be placed in adult jail, with few exemptions. But these exemptions were later used as loop hole,” In the 1990: almost every state passed laws making it easier to try juveniles in adult criminal courts; 31 states passed laws expanding sentencing options; 47 states modified confidentiality provisions for juvenile courts; and 22 states passed laws increasing the victim’s role in juvenile court processing.” (Child or Adult? A century long view , n.d.). It’s taking less...
Words: 1147 - Pages: 5
...convicted persons and defendants. However, absolute justice ideally is hardly realizable across board since its effectiveness demands human infallibility. Although it might be even harder to reap justice, justice is achievable and pursuit for justice remains a noble order. In this case, a 12 years old boy, Christopher Pittman from the state of South Carolina on February 15, 2005 shot his two grandparents using his father’s shotgun while they lay on their beds, he then set the house on fire, drove his grandparents truck and fled with cash and weapons in his possession. The petitioner, Pittman was only 12 years of age when he committed this malicious acts. He was charged with premeditated murder and put on an adult court for trial. Christopher Pittman’s defense team claimed that young Christopher Pittman remained an innocent child because he still could not differentiate what was right or wrong while under influence of Zoloft, an antidepressant. The defense urged the court to consider Pitman a child thus unable to plan and execute premeditated murder as an adult will do. The defense urged the judges to consider an equivalent reaction of a juvenile actions of such magnitude by sending him to a juvenile system where he will be able to get psychiatric treatment alongside rehabilitation and not retributions. However, the prosecutor’s side argued that Christopher Pittman was “diabolical” in arranging...
Words: 1829 - Pages: 8
...When an adolescent commits a crime, should that make them an adult in the eyes of the law? Or should their age be considered and acknowledged as a shortcoming of a undeveloped mind, impacting their capacity for not fully comprehending their actions? These questions have plagued the juvenile justice system both in our current time and its history. The choice between harsh punishment or attentive rehabilitation as convictions for youth offenders I think the best choice is rehabilitation because it gives juveniles to another shot. Youth offenders are different from adult offenders biologically and this should pose a greater impact in the sentencing made on the adolescents in the juvenile justice system . Punitive punishment have...
Words: 500 - Pages: 2
