According to Dieter, "the federal courts do not see the death penalty unconstitutional as long as the defendant was not deprived of his or her due process rights" [16]. Furthermore, Dieter indicates that," the death penalty is not in violation of constitutional law as it existed at the time the Eighth Amendment was adopted" [16]. Capital punishment is utilized to impose the ultimate sanction on those who committed unspeakable criminal acts violating the law of this land. This includes those who are considered juveniles who committed these type of crimes when they were under the age of eighteen. People have a right to live without fear that someone in society may commit such heinous and brutal crimes again if they are not condemned to death no matter the age. To emphasize, people who kill, brutalize, torture and kill with evil intent should be condemned to die. Opposition to the death penalty is indeed an issue that troubles many people especially when a death sentence is handed to juveniles. According to the American Civil Liberties Union, " a study by the Harvard Medical School, the National Institute of Mental Health and UCLA's Department of Neuroscience stand in support of the anti death penalty by stating that adolescents are more impulsive, and immature for making sound judgments due to the way they grow up and develop" [ 1 ]. Will these be a defense on the part of brutal juvenile killers? Will the age factor liberate them, incarcerate them for a couple of years and then be free in the community again? This defense is not, in my opinion, a valid defense for the victims and their families who had to lose a loved one at the hands of a juvenile murderer. In regards to being sentenced to death, all killers should b... ... middle of paper ... ...ffender should be punished and held responsible for the evil acts committed by him or her. In particular, protection of society's people and the community should be the utmost concern. To emphasize, capital punishment and juvenile offenders should be an issue looked in greater detail to prevent an offender from striking again. People who oppose juveniles being sentenced to death usually stand by the age factor and that juveniles don't know better because of their maturity level. According to the Death Penalty Information Center, "researchers indicate that there is no direct link between the juveniles' brain development and behavior" [ 5 ]. Furthermore, Dianne Clements, president of Justice For All, a Houston victim-advocacy group explained that," juveniles who kill know what they have done is illegal and wrong as they try to cover and destroy evidence" [ 5 ].
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. This amendment is the 8th bill of rights in the constitution of the United States of America. The death penalty is a direct violation of the constitution of the United States, and should be deemed unlawful by the Supreme Court. Although the death penalty shows justice at avenging the death of the innocent, it is not cost effective by being ten times more expensive than a criminal spending life in prison, and it violates the 8th amendment in the Constitution of the United States which is the supreme law of the land.
Throughout and for many years there has been a lot of controversy on how to trial someone who has committed a crime under the age of 18. A lie will be a lie even if it 's serious or innocent and that 's why just like a crime will always be a crime, no matter what the situation is. The age of a person who has committed murder shouldn 't be an issue or a complication. Many advocate that the juvenile is just a child, but despised that I believe that is no justification or defense for anyone who does a crime. America and the nation need to apprehend that juveniles that are being conducted to life in prison is not just for one small incident or crime, but for several severe crimes according to Jennifer Jenkins, Juvenile Justice Information
I think that executing a minor violates the 8th amendment, “No cruel or unusual punishment.” If a little kid makes a mistake and accidentally shoots a gun or does something that kills someone, and they are executed I think that that falls under cruel and unusual punishment.
Day after day in this country there is a debate going on about the death penalty and whether we as people have the right to decide the fate of another persons life. When we examine this issue we usually consider those we are arguing about to be older men and women who are more than likely hardened criminals with rap sheets longer than the height we stand (Farley & Willwerth, 1998). They have made a career of crime, committing it rather than studying it, and somewhere along the line a jury of their peers decided enough was enough. They were handed down the most severe and most final punishment of them all, death. Behind all of the controversy that this issue raises lies a different group of people that are not so often brought into the lime light, juveniles.
Heinous crimes are considered brutal and common among adults who commit these crimes, but among children with a young age, it is something that is now being counted for an adult trial and punishable with life sentencing. Although some people agree with this decision being made by judges, It is my foremost belief that juveniles don’t deserve to be given life sentencing without being given a chance at rehabilitation. If this goes on there’s no point in even having a juvenile system if children are not being rehabilitated and just being sent off to prison for the rest of their lives and having no chance getting an education or future. Gail Garinger’s article “ juveniles Don’t deserve Life sentence”, written March 14, 2012 and published by New york Times, mentions that “ Nationwide, 79 adolescents have been sentenced to die in prison-a sentence not imposed on children anywhere else in the world. These children were told that they could never change and that no one cared what became of them. They were denied access to education and rehabilitation programs and left without help or hope”. I myself know what it’s like to be in a situation like that, and i also know that people are capable of changing even children when they are young and still growing.
Many call capital punishment unconstitutional and point to the Eighth Amendment of the Constitution for support. The amendment states that, "Excessive bail shall not be required, nor excessive fines be imposed, nor cruel and unusual punishment be inflicted." Those who oppose the death penalty target the 'cruel and unusual' phrase as an explanation of why it is unconstitutional. Since the Framers of the Constitution are no longer with us and we base our nation on the words in which that document contains, the legality of the death penalty is subject to interpretation. Since there is some ambiguity or lack of preciseness in the Constitution, heated debate surrounding this issue has risen in the last ten years.
Age is a factor in why Juveniles should not be sentenced to life in prison. As Paul Thompson states in his article Startling Finds on Teenage Brains from the Sacramento Bee, published on May 25, 2001 “ ...These frontal lobes,which inhibit our violent passions, rash action and regulate our emotions are vastly immature throughout the teenage years.” he also says that “The loss[of brain tissue] was like a wildfire, and you see it in every teenager.”. This loss of brain tissue plays a role in the erratic behavior of teens, they cannot properly assess their emotions and thoughts. During this period of brain tissue loss teens are unpredictable, adults do not know what their teen’s next move will be, teens themselves do not even know what their next move will be. As we grow our brains develop, therefore teen brains are not fully developed, so they cannot be held to the same standards as adults.
Many people say that the systems first priority should be to protect the public from the juvenile criminals that are a danger to others. Once the juveniles enter the system there is however, arguments on what should be done with them. Especially for those deemed too dangerous to be released back to their parents. Some want them locked away for as long as possible without rehabilitation, thinking that it will halt their criminal actions. One way to do this they argue would be to send them into an adult court. This has been a large way to reform the juvenile system, by lowering the age limits. I believe in certain cases this is the best method for unforgiving juveniles convicted of murder, as in the case of Ronald Duncan, who got away with a much lesser sentence due to his age. However another juvenile, Geri Vance, was old enough to be sent into the adult court, which caused him t...
In the article On Punishment and Teen Killers by Jenkins, sadly brings to our attention that kids are sometimes responsible for unimaginable crimes, in 1990 in a suburban Chicago neighborhood a teenager murdered a women, her husband, and her unborn child, as she begged for the life of her unborn child he shot her and later reported to a close friend that it was a “thrill kill”, that he just simply wanted to see what it felt like to shoot someone. A major recent issue being debated is whether or not we have the right to sentence Juveniles who commit heinous crimes to life in adult penitentiaries without parole. I strongly believe and agree with the law that states adolescents who commit these heinous crimes should be tried as adults and sentenced as adults, however I don’t believe they should be sentenced to life without parole. I chose this position because I believe that these young adults in no way should be excused for their actions and need to face the severe consequences of their actions. Although on the other hand I believe change is possible and that prison could be rehabilitating and that parole should be offered.
... rape or treason was committed ("8th Amendment to the Constitution – U.S. Amendment VIII Summary"). However, there are some cases where the death penalty is unacceptable regardless of the crime. In the Supreme Court case of Roper v Simmons the court decided that the execution of someone for a crime they committed when they were a minor violated the eighth amendment . The court case of Atkins v Virginia established that the death penalty is not an acceptable punishment for mentally ill felons (Lemieux, "The Supreme Court's Empty Eighth Amendment Promise"). The Supreme Court has also ruled that executing anyone under the age of 18 is an act of cruel and unusual punishment ("8th Amendment to the Constitution – U.S. Amendment VIII Summary"). The death penalty is the worst punishment a person could get, and because of that there are many restrictions on when to use it.
Children as young as thirteen years old are being tried as adults and sentenced to die in prison. You may ask, “Doesn't that seem a bit too extreme?” Nevertheless, the sentencing does is not nearly as extreme when compared to the crime committed. In one case three of five Florida teenagers, Denver Jarvis (15), Michael Bent (15) and Jesus Mendez (16), were accused of setting Michael Brewer (15) on fire over a $40 video game debt. The boys left young Brewer with severe burns over, what reporters claim to be, 65 percent of his body. These three boys attempted a harsh felony, second degr...
During those years, the Supreme Court ruled that capital punishment violated the Eight Amendment’s ban on cruel and unusual punishment. However, this ended in 1976, when the Supreme Court reversed the ruling. They stated that the punishment of sentencing one to death does not perpetually infringe the Constitution. Richard Nixon said, “Contrary to the views of some social theorists, I am convinced that the death penalty can be an effective deterrent against specific crimes. ”1 Whether the case be morally, monetarily, or just pure disagreement, citizens have argued the benefits of capital punishment.
For instance, juveniles do not deserve life sentences because their brain isn’t fully developed yet and lack awareness of their actions. In the article “Startling Finds on Teenage Brains” by Paul Thompson, he explains the development of the brain and how in some situations the brain isn’t ready and it can affect the person. This effect in divergent ways; psychologically and emotionally. Thompson's article introduces the case of Nathaniel Brazill, at age 14, charged with second degree murder, trial as an adult and sentenced to life in prison without parole. After some serious research, it has shown that as many other juveniles who have committed a crime they are “far from adulthood”.
Punishing the unlawful, undesirable and deviant members of society is an aspect of criminal justice that has experienced a variety of transformations throughout history. Although the concept of retribution has remained a constant (the idea that the law breaker must somehow pay his/her debt to society), the methods used to enforce and achieve that retribution has changed a great deal. The growth and development of society, along with an underlying, perpetual fear of crime, are heavily linked to the use of vastly different forms of punishment that have ranged from public executions, forced labor, penal welfare and popular punitivism over the course of only a few hundred years. Crime constructs us as a society whilst society, simultaneously determines what is criminal. Since society is always changing, how we see crime and criminal behavior is changing, thus the way in which we punish those criminal behaviors changes.
I understand that capital punishment is the death penalty, and has been legal in most states for many years and has been legal around the world but its still wrong. Most countries will use capital punishment without justifying the cause. Even though here in the U.S. you can have a trial but other places are bad. Everyone can form there own opinions but just because a kid steals from a store isn’t right but in Iraq but the kid would eventually go to jail and get the capital punishment. America's laws are based on the Constitution. They are considered to be justifiable and what should be right; and are supposed to be the foreground for future laws. It is unconstitutional, though, for an American to be sentenced to his or her death. The eighth amendment states that "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted" (US Constitution). It would be against the Constitution for an American to be put to death because it can be considered cruel and unusual punishment.