Essay on The Sentencing Of The Death Penalty

Essay on The Sentencing Of The Death Penalty

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Covicted for a crime as a minor, but was charged as an adult Simmions was sentenced to received the death penalty when he was 17 years old. In 2003 nine years after his convivtion, the Missouri Supreme Court reviewed Simmons ' case The jury recommended the death penalty after finding the State had proved each of the three aggravating factors but was imposed by the judge. The trial court found no legal violation by reason of useless support of advice and denied the motion for post-conviction relief. Counsel filed numerous appeals against the sentencing to state and federal courts lasted until 2002, but each appeal was rejected. all of which were denied. The federal courts denied Simmons’ petition for a writ of habeas corpus.Simmions argued that they Supreme Court 's reasoning for prohibiting imposition of the death denalty on those with mental retardation should also be applied to juveniles. Simmons filed a new petition for state post-conviction relief. Arguing that the reasoning of Atkins established that the Constitution prohibits the execution of a juvenile, who was under 18 when the crime was committed. The Missouri Supreme Court agreed with Simmons ' contention and held that since the U.S Supreme Court 's prior ruling against the execution of juvenile offenders. Simmons case had ruined its course. The Missouri Supreme Court decided to revisit this case. When this case was revisit the court reasoned that per previous decisions, miniors could not be excuted without such punishment constituting cruel and unusual punishment under the eight and fourteenth amendments. The U.S. Supreme Court agreed to hear the case, which cold lead to a reversal of a 1989 decision in which the court upheld the death penalty for crime...

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...hus incapable of the same impulse control that is demanded of adults who committed crimes. They somewhat have a natural defect immaturity that prevents them from not acting out in cases such as this. Teenagers may be impulsive but they are not beyond reproach simply on the basis of their age.
Court Opinion: The eighth and fourteenth amendments forbid imposition of the death penalty, on offenders who were under the age of 18 when their crimes were committed. USSC had ruled that regardless of the individual facts of the case, neither minors nor the mentally ill the most vulnerable groups in society could not be punished with the death penalty because doing so would be cruel and unusual punishment. The difference between juvenile and adult offenders are too marked and well understood to risk allowing a youthful person to receive the death penalty despite lacking fault.

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