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 ].
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...
Most people don 't look at every aspect of a crime. They don 't think about everyone that was affected, other than the victim. In her article "On Punishment and Teen Killers", Jennifer Jenkins explains how her younger sister was taken from her by a murderer who shot and killed her. In her article she states, "So few who work on the juvenile offender side can truly understand what the victims of their crimes sometimes go through. Some never recover." Jenkins is explaining her personal experience of losing her younger sister to help others understand what the families of the victim have to deal with for the rest of their lives. She brings a point of view that most people have never been in because they 've never experienced what it 's like to have a loved one taken away from you by murder. In her story she also states, "If brain development were the reason, then teens would kill at roughly the same rates all over the world." Many people believe that the supreme court needs to be more lenient on juveniles because their brain is not fully developed as that of an adult, but brain development cannot be used as an excuse because as Jenkins explains, the teens would be killing at the same rate all over the world. Jenkins also brings up a good point about how the US as a whole needs to step up to prevent these crimes from happening. Jenkins states, "We in America have to own to this particular problem, with weapons so easily available to our youth, and the violence-loving culture we raise them. She is trying to bring awareness to society that America is also at fault for these crimes. Furthermore, she also explains why life sentencing is not as cruel as some may feel it is when she says, "… a life sentencing still allows a great deal of good living to be done, even from behind bars, far more than these teen killers gave to our murdered love
If a juvenile or any person commits a crime, they should be punished accordingly for their actions. Many
It is expected that at a young age, children are taught the difference between what is right and what is wrong in all types of situations. The majority of Supreme Court Justices abolished mandatory life in prison for juveniles that commit heinous crimes, argued this with the consideration of age immaturity, impetuosity, and also negative family and home environments. These violent crimes can be defined as murder, rape, armed robbery, aggravated assault and the like depending on state law. With these monstrous acts in mind the supreme court justices argument could be proven otherwise through capability and accountability, the underdevelopment of the teenage brain and the severity of the crime. Juveniles commit heinous crimes just like adults
On the contrary Jenkins argues that if that was the case, then teens would kill at roughly the same rates all around the world. On my behalf I concur with Jenkins because everyone is responsible for their own actions and behavior. Consciousness, is what awares our minds whether we decide if we want to do something or not and what is right and wrong. If brain underdevelopment is supposedly one of the reasons, then why aren 't my siblings and I kill people like the other juveniles who are. Professor Stephen Morse reasons that “the actual science does not in any way negate criminal culpability”. We cannot incriminate science or anything because every individual will be different in many aspects because every kid matures and grows at different ages and stages. For example, from my own experiences I have seen a twelve year old child be more mature and formal than a thirty year old adult. In some cases, some children mature when they go through puberty, others till later or maybe even at a very young age.. The “underdevelopment brain” argument should not be an issue to interfere with why a juvenile should not be trial to life in prison. Although a teenager will suggest and demand that their emotions ran high, which was why they killed somebody and their
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.
For example, a 12 year old kid, Lionel Tate, beat and killed a 6 year old girl to death because he was imitating professional wrestlers he saw on TV. Life in prison without parole or even going to an adult prison is extreme for a 12 year old. Many kids who make it out of the adult system end up worse than when they went in because they come out as hardened criminals. In another case, Nathaniel Brazill, who shot and killed his teacher at the age of 13. The crime was heinous, but the issue with convicting teenagers as adults is that during the teenage years, gray matter in the brain which supports all our thinking and emotions is purged at a rate of 1 to 2 percent a year. This occurs in the frontal lobe of our brain, which controls impulses, risk-taking, and self-control. Teenagers brains work differently and are not yet fully functioning compared to adult brains, evidence enough juveniles should not be tried as adults. However many prosecutors and the families of victims claim that teenagers know it is wrong to kill and the courts need to crack down on these cases in order to send a message to teenegaers across the US to not commit murder, or they could face life without parole. That may be true however, giving kids the message that they are not curable or worthy of a second chance sends out the wrong message and makes other countries in the world look down on the US. Also, they claim that many teenagers commit “thrill kills”, and nothing is wrong with them mentally. They also state that if brain development was the reason, that kids should kill at the same rate as adults. Their main argument is that the murders leave families in ruins and forever scar them when they lose a loved one. Once again many of these arguments are true, but kids are less mature and more vulnerable to peer pressure because their characters are still forming. Children
...ny high profile issue, and in this case we are dealing with the lives of young offenders, many of which claim their age excuses their "mistake." While society must recognize the issues that often fuel adolescent rage, we should be hesitant to withhold punishment. In death row cases, many inmates will reside on death row for more than ten years before being executed. During this time, they undergo many changes, both physically and psychologically and often feel like a different man, and certainly not a violent threat to society. Moreover, we are not executing men (and women) for the people they have become, but for the crime they committed. Their victims did not receive a second chance, so why should we as a society grant convicted killers the chance to live, love, and grow? However, the death penalty must be examined for flaws, including incorporating DNA technology whenever possible. Age has obviously been an important factor in the debate over the death penalty, but we must realize we live in an age of violent school shootings and declining alternatives for misplaced youth. Society should not advocate the death of innocents, but vindicate a willful and deliberate loss of life.
Although some would argue that juveniles undergo a series of brain development in which they lose brain cells that control their impulses, risk taking, and self-control (Thompson 46). However this lost during development does not excuse juvenile from their accountability, instead they should acquire special attention, proper nurturing and guidance during development in order to help them make better decisions. Thus teenagers accused of violent crimes should be tried and sentenced justly, regardless of age, to ensure the law's equality and educate juveniles regarding the potential severity of their actions' consequences. That is how we'll be able prevent future acts of violence and crimes from occurring in society.
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.
Sentencing juveniles to capital punishment is unethical and cruel. It is too severe for juveniles without the full reasoning ability and limited brain development to be sentence to the death penalty. Horn (2009) writes, “Youths lack the sense of responsibility that society requires of adults. Their personalities are not yet fixed… Young people have to little experience to fully grasp the consequences of their actions.” (Horn, 2009). This shows that juveniles do not have the experience that adults have to be like adults. Also, Stevenson (2014) writes, “Contemporary neurological, psychological…evidence has established that children are impaired by immature judgement, an underdeveloped capacity for self-regulation and responsibility, vulnerability to negative influences and outside pressures, and a lack of control over their own impulses and their environment.” (Stevenson, 2014, pg. 267-268). Stevenson (2014) is basically saying that children are not matured as adults and the court needs to look at these facts before giving such punishments. Not only that, Stevenson (2014) says, “Young adolescents lack life experience and background knowledge to inform their choices; they struggle to generate options and to imagine consequences; and, perhaps for good reason, they lack the necessary self-confidence to make reasoned judgements and stick by them” (Stevenson, 2014, pg. 268-269). Children should be
Juveniles are more than just kids. They are capable of doing anything an adult is capable of doing. One has probably heard the saying, “If you want to be treated like an adult, then act like an adult.” If they’re going to do crimes that “only” adults are capable of doing, then they should treated like an adult and be tried and sentenced like one. Imagine being close to a murder victim, wouldn’t you want them to feel hell? “How would you feel if you never got to see your child alive again while their killer served only a short sentence before being released from jail?” (hchs1259). This quote hits hard. One can only imagine being in the position of a parent whose child was murdered.
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.
People often get caught up in the idea of capital punishment and what it means to others. For some individuals, it is a good feeling to see others suffer for their crimes. Meanwhile, others view the consequences as quite horrendous. I believe if an individual commits a serious crime, he or she should prepare to suffer the consequences. So strong is the desire to make others suffer for their crimes, we loose sight of what is right and wrong.
Above all else, capital punishment should be morally justified in extreme situations because it will have a deterrent effect. Many criminals seem to be threatened more by the thought of death rather than a long-term prison sentence. If a criminal is sentenced to twenty-five years in prison then he/she knows that all the necessities needed to survive for those twenty-five years, including food, water, shelter, and even a possible chance of release will be pro...