Joe Sloppner
CJ140: Introduction to Constitutional Law
instructor: Irene H. Gainer, R.N., J.D.
June 17, 2009
In the case Roper v. Simmons (03-633) 543 U.S. 551 (2005), is where a 17 socio-economic class old, Simmons had planned and pull capital murder. After turning 18 years old, he then was tried and convicted with and confabd sentenced to remainder (Findlaw, 2009). Simmons filed a petition for state post conviction relief pitcher saying that under the Eighth Amendment, it is cruel and unusual penalisation to execute juveniles. Under the Fourteenth Amendment, it prohibits the execution of mentally retard people. The issue at hand is the standard of decency to help track the progress of society. This issue will help determine which punishments tidy sum be sentenced with out it macrocosm cruel and unusual punishment.
The coercive Court of the U.S. affirmed that it is cruel and unusual punishment to impose the death sentence on a juvenile who has committed a crime under the date of 18 by the Eighth and Fourteenth Amendment (Cornell, 2009).The reasoning for the rejection of the death penalty on juveniles is that can not be classified as being the worst of offenders. Juveniles ar way too vulnerable to get hold of in behavior that is too immature and irresponsible (Cornell, 2009).
This suggests that juveniles argon way too influenced by their immediate surroundings, giving them a lack of control and immature behavior. With in a society, juveniles are still trying to define who they are and understand themselves.
On March 1, 2005, the U.S. Supreme Court held: The Eighth and Fourteenth Amendments close out imposition of the death penalty on offenders who were under the age of 18 when their crimes were committed (Cornell, 2009).
Reference:
FindLaw, (2009). Findlaw.com, Criminal Law: Juveniles and the goal Penalty. Retrieved June 15, 2009 from
http://criminal.findlaw.com/crimes/juvenile-justice/juveniles-and-the-death-penalty.html
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