What do you consider to be cruel and unusual punishment? Most people when asked this question think of medieval torture devices, burning people alive, and hard slave labor. However, cruel and unusual punishment, which is a protected against right by the eighth amendment, stretches far beyond these cliches and is still occurring in modern society. The case Miller v. Alabama and a parallel case, Jackson v. Hobbs deals with such punishments and brings up the questions of what, in current times, is to be considered cruel and unusual punishment. Miller v. Alabama addresses with the debate that arose surrounding the mandatory sentence of life without parole for a juvenile when two boys, fourteen-year-old Evan Miller and sixteen-year-old Colby Smith, …show more content…
After being caught, Smith was offered the sentence of life with parole in exchange for testifying against and betraying Evan Miller, who was tried as an adult and was sentenced to mandatory life without parole. In the parallel case Jackson v. Hobbs, 14 year old Kentrell Jackson was sentenced to life without parole after an incident in which he was in the presence of a felony murder crime during a robbery. Jackson did not commit the murder, in fact he was outside the scene while it took place, yet he was still charged as an adult of felony murder. In both cases two young men with futures ahead of them had their chances of a life crushed because of a sentence meant for the worst criminals in the world. A mandatory sentence of life without the possibility of parole for juveniles is a direct violation of the eighth amendment protection against cruel and unusual punishment. In the precedent setting case Graham v. Florida the Supreme Court ruled that a sentence of life without punishment for non-homicidal juvenile offenders is a …show more content…
For a juvenile to be sentenced to life in prison without the possibility of parole is almost to give that child the death penalty, a punishment that was outlawed in the 2005 case Roper v. Simmons. In Roper Christopher simmons challenged his death penalty sentence for murder at age 17 because of his claim that the was an “immature and irresponsible juvenile”. The Supreme Court overturned his sentence, saying that their was a national consensus against the death penalty for juveniles because so many states had rejected that as a viable form of punishment. A life without parole sentence is equal to the death penalty for a juvenile because the child is having any hope of living a semi-normal life terminated at a young age, in this case 14 years old. If this were your child would you want them to sit in jail for the rest of their life, with no hope and no reason to live? Or would you want them to, even if it was an impossibly long sentence, have a least some sliver of hope that maybe one day they will escape the icy hell of the prison walls and feel the sunshine upon their face once again? When the sentence of life with parole is given it is not a guarantee that the person will be let out, it is simply giving them some glimmer of hope and reason to
In 1972, the Furman v. Georgia case temporarily caused capital punishment in the United States to cease until distinct guidelines about the crimes that required the death penalty were written. Until states revised their laws, capital punishment was ruled cruel and unusual punishment. Before Furman, there were no clearly defined laws about what constituted capital punishment, so the process to sentence a capital criminal was much faster and easier. By adding an appeal system, most states permitted capital punishment once again, but the prisoner’s time spent on death row drastically increased. Adding an appeal system did not make killing a human being any less cruel and unusual; in fact, ordering a person to live in fear, uncertainty, and agony for an even longer period of time is crueler than quickly ending the
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.
Being charged with adult sentences is a very harsh punishment considering their age. Andrew Medina was fifteen when he got sentenced to life without parole because of a murder that he possibly did not commit. Officers also alleged that he was part of a gang and sent him to spend the rest of his life in a very strict prison. Trevor Jones also got sentenced to life without parole at the age of seventeen because of reckless manslaughter. Even though it was an accident, the victim’s death occurred while Trevor intended armed robbery and was accused of felony murder and will spend the rest of his life in prison. Jacob Ind was sentenced to life without parole. At the age of fifteen, he killed his mother and stepfather in order to put an end to the all kinds of abuse they were putting him through. The jury did not recognize the fact that it was primarily self-defense and accused him of first degree murder, which carries a mandatory life sentence. These are the cases of only three kids who got life without parole but there are so many more. These kids miss out on so many things in life because they will spend most of it locked in a cell. One accident or mistake can ruin their lives forever. That is why I think juveniles should be tried in juvenile
Supreme Court ruling Graham v. Florida (2010) banned the use of life without parole for juveniles who committed non-homicide crimes, and Roper v. Simmons (2005) abolished the use of the death penalty for juvenile offenders. They both argued that these sentences violated the 8th Amendment, which prohibits cruel and unusual punishment. While these landmark cases made great strides for the rights of minors passing through the criminal justice system, they are just the first steps in creating a juvenile justice system that takes into consideration the vast differences between adolescents and adults. Using sociological (Butler, 2010) and legal (Harvard Law Review, 2010) documents, this essay will explicate why the next such step to be taken is entirely eliminating the use of the life without parole sentence for juveniles, regardless of the nature of the crime being charged.
First off sentencing juveniles without parole should not be allowed to happen because the juveniles brain has not yet matured enough and they don’t think before they act. In the article “Juveniles don’t deserve life sentences” by Gail Garinger he asserts “young people are biologically different from adults. Brain imagining studies reveal that regions of
Some examples of cruel and unusual punishment are extremely long prison sentences for miner sentences, branding, whipping, and public humiliation. Cruel and unusual punishment includes torture or degradation or punishment too severe for the crime committed. I don’t like cruel and unusual punishment like bullying, and internet bullying because people can kill themselves on being called names and the person that did it don’t even care if they killed themselves. People talk about other people because sometimes their either jealous of them, they got something they don’t, or its something in the bullies life that isn’t going well for them.
In the case of Miller vs. Alabama, Evan Miller came from an abusive, dysfunctional home and had attempted suicide 4 times beginning at age 6. At the age of 14, he and a friend went to a neighbor’s trailer to drink and smoke marijuana. Miller robbed the neighbor who was asleep, of $300. The neighbor woke up, grabbed Miller, and Miller beat him, and set the trailer on fire killing the neighbor. Miller was sentenced to life without parole. In his case, Miller argued that the life term was cruel and unusual punishment, and violated his rights according to the Eighth Amendment. (Ochs, S. L., 2012). The state held its ground proceeding with its
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 film 15 to life: Kenneth’s story in the 2000’s a fifteen year old was charged with four consecutive life sentences without possibility of parole, his name was Kenneth Young. Young was charged with four accounts of armed robbery, and his partner who was twenty-four years old at the time was only charged with one life sentence. His partners name was Jacque Bethea, and he already had a criminal record before being convicted of armed robbery. While, Kenneth had no criminal history before the robberies had happened. According to Paolo Annino who is Kenneth’s lawyer, sometimes juveniles receive harsher punishments than adult in the justice system (Pequeneza, 2014). When the Supreme Court decided that they will no longer give children life sentences for anything less than murder, Kenneth got a chance to be resentenced after spending eleven years in prison (Pequeneza, 2014). Unfortunately, Kenneth wasn’t able to be released until 2030. During Young’s resentencing Kenneth and his lawyer added more information about his home
In the online article End Juvenile Life Without Parole is declares that two thousand five hundred and seventy adolescents have already been sentenced to die in prison nationwide. There is no hope for these young adults, regardless of what they do to repent their actions or to change themselves for the better or maybe even come to realization with the depth of the crime they have committed, they will simply never get a second chance. Juvenile crime has already made obvious progress, “in the mid-1990s, violent juvenile crime declined, and it has continu...
Is it fair to give juveniles life sentences? On June 25 2012, the Supreme Court ruled that juveniles who committed murder could not be sentenced to life in prison because it violates the Eighth Amendment’s ban on cruel and unusual punishment. Justice Elena Kagan, writing for the majority, stated that “Mandatory life without parole for a juvenile precludes consideration of his chronological age and its hallmark features- among them, immaturity, impetuosity, and failure to appreciate the risks and consequences. It prevents taking into account the family and home environment that surrounds him and from which he cannot usually extricate himself no matter how brutal or dysfunctional.” Juveniles should not be sentenced to life in prison or adult jail until legal age. Due to the facts that many are still young and aren’t over eighteen.
Supreme Court in March 1, 2005 held that the Eighth and Fourteenth Amendments forbid the execution of offenders who were under the age of eighteen when their crimes were committed. Justice Kennedy wrote the opinion for the majority and stated that when a juvenile commits a heinous crime, the State can exact forfeiture of some of the most basic liberties, but the State cannot extinguish his life and his potential to attain a mature understanding of his own humanity (Roper v. Simmons, n.d.). This opinion separates a certain class of people and excludes them from punishment according to our laws.
“More than 2,500 children in the United States had been sentenced to life imprisonment without parole. Most juveniles sentenced to life imprisonment without parole had been convicted of homicide crimes. We estimated there were fewer than two hundred juveniles serving life without parole for non-homicide offenses” (Stevenson, 2014, pp. 269-270).
... 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.
Even though juveniles brains’ aren't developed at the age they committed the crime, they should be able to differentiate between what is right and what is wrong. However, four justices strongly agree, mandatory sentences reflected the will of America society that heinous crimes committed by juveniles should always be punished. The majority of Supreme Court justices who argued to abolish mandatory life in prison for juveniles. Researchers around the world agree with this statement because juveniles don't have a fully developed brain or have rough homes. Many juveniles have don't first degree misers and second degree murders. I stand against abolishing mandatory life in prison. In my opinion Juveniles, depending on the the crime should be sentenced