Preview

Juvenile Death Penalty

Best Essays
Open Document
Open Document
1324 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Juvenile Death Penalty
Running Head: JUVENILE DEATH PENALTY

Should Juveniles Receive the Death Penalty?

Capital Punishment, or the penalty of death for crimes committed by a defendant, is a controversial topic in today’s society. In general, the public associates this method of punishment with adult offenders who commit heinous crimes. What about the defendants who are not adults? In some states, defendants as young as 16 years old have been tried as adults and eligible to receive the death penalty. Juveniles are being punished as adults, yet, in every other aspect of the law, they are not held to the same standards. Is it public outcry for justice to be served that allows for such a consequence for our children or should the juvenile justice system be responsible for implementing measures that protect our children from punishments of death?
The law states that United States citizens become of legal age on their 18th birthday. They are free to vote, buy cigarettes, incur debt, make their own decisions, get married, and be subjected to all adult measures of criminal prosecution for their crimes. (Ironically they still cannot legally rent a car, in most states, or purchase/drink alcohol). However, the Judicial system can retract this standard age and prosecute offenders to adult culpability as young as 16 (Death Penalty Information Center). Determining whether an offender can be tried as an adult most certainly has guidelines. The factors vary by state, but based on the Supreme Court's direction in Kent v. United States, they generally include the following: the nature of the crime; whether the offense was committed in an aggressive, violent, or premeditated manner; the merit of the charges; the sophistication, maturity, and prior history of the minor; public protection; and the likelihood that the child can be treated and rehabilitated (Hurabiell,et al.).
Most commonly, the debate to execute juveniles stems from individual interpretation of the U.S Constitution’s Eighth

You May Also Find These Documents Helpful

  • Good Essays

    The main focus point and argument regarding both the Stanford v. Kentucky and Roper v. Simmons case rely mainly on the eight amendment. Throughout both cases, the eighth amendment played a key factor in determining the court’s decision, regarding whether or not Simmons or Stanford would be facing the death penalty. Both “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.” The eighth amendment states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” While both the eighth and fourteenth played a key factor in determining the court’s decision, the decision was more so based on the eight amendment. Both cases predominately focused on the phrase, “nor cruel and unusual punishments inflicted.”…

    • 863 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In 2012, the U.S. Supreme Court declared laws that require judges to impose life-without-parole sentences for juveniles to be in violation of the Eighth Amendment…

    • 606 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The parties’ debate focuses on varying interpretations of the Supreme Court cases of Roper v. Simmons and Graham v. Florida. Roper held that minors can't be sentenced to capital punishment. Graham held that minors can't be sentenced to life in jail without the chance for further appeal for non-crime offenses. Miller stated that both Roper and Graham held that cruel sentences connected to minors violated the Eighth Amendment; Miller contends that these cases remain for the suggestion that adolescents should receive different treatment than adults in sentencing, and that a mandatory life-without-parole without-any chance to appeal sentence for a 14-year-old is precisely the sort of sentence Roper and Graham forbid. Alabama contends that Roper and Graham remain for the proposition that Eighth Amendment jurisprudence should be predicated on widely accepted sentencing practices, and that a life-without-parole sentence for a 14-year-old with national standards and developing guidelines of…

    • 665 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Roper Vs Simmons Essay

    • 1484 Words
    • 6 Pages

    In the 2005 case Roper v. Simmons, the supreme court ruled that any individual who is under the age of 18 when he commits a crime cannot be sentenced to the death penalty because it does not stand with the nation’s ‘evolving standard of decency.’ Roper v. Simmons is in very close relation to the case Graham v. Florida. Graham established the principle that no minor can be sentenced to life without parole unless they committed a homicide, and further reduced the harshest punishment a minor can receive. The interpretation of the 8ths amendment has changed much between the 1900s and early…

    • 1484 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Many people around the nation have different views on the subject of juvenile justice. Some believe that despite the children's age, they should still be tried as an adult if a serious crime is committed. On the other hand, some believe children should not be tried as adult even if they commit a rather serious crime. I firmly that these children should not be sentenced to life in prison despite the serious crime that they have committed and should have another shot at life when their brain is fully developed.…

    • 517 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    There are multiple reasons that allow individuals to have their own opinions considering children and how they should be treated and tried in criminal cases. Many people today believe that teenagers should not be tried to mandatory life in prisons because their brains are not fully developed to make wise decisions which means they lack common sense. While others believe juveniles should be sentenced to mandatory life in prison because teenagers have plenty of common sense and at their age can identify right from wrong and are also aware of the consequences that they will encounter. I believe juveniles should not be tried to mandatory life in prison for their heinous crimes because they are still underdeveloped and are less mature compared to…

    • 129 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    At the ages of one to fifteen the murder would have to be a very clear intention of murder to try the child as an adult. No one person's crime is the same as another, therefore no one should be tried the same. Minors, depending on their situation could be tried as adults. Children going through adolescence have emotional instability, me being a child going through this phase represent an example. The way I might react to something is going to different than the way someone else would, this is because no two people are alike.…

    • 648 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Before 1980, life without parole was very rarely imposed on children. In today’s society we are consumed with the idea of keeping everyone safe; this has led to a high incarceration rate, especially with minors. In America, currently 2,225 minors are sentenced to life without parole before they turn eighteen. The criminal justice system works on a three strike system, which means you have three minor offenses before you go to jail. Also with the strikes, you are judged on if your crime was of passion or pre-meditated. In the past the issue in judging each situation was that sometimes “children” or minors were charged as adults, due to mandatory minimum sentencing. This is no longer the issue because in 2012, the Supreme Court case (Miller v. Alabama) found mandatory minimum sentencing unconstitutional under the 8th amendment, (which bans cruel and unusual punishments). The problem now is what the Supreme Court forgot to address in there ruling; does this ruling apply to the roughly three hundred adults serving life without parole that were sentenced as juveniles. Adolfo Davis is the leading case that is addressing…

    • 640 Words
    • 3 Pages
    Satisfactory Essays
  • Powerful Essays

    A movement has taken hold of our country to change the juvenile justice system, and erase any distinction between young offenders and adult criminals. Almost all fifty states have changed their juvenile justice laws, allowing more youths to be tried as adults and scrapping long-time efforts to help rehabilitate delinquent kids and prevent future crimes. It seems to be plain and simple, a minor in this country is defined as a person under the age of eighteen. How then can we single out certain minors and call them adults? Were they considered adults before they carried out an act of violence? No. How then, did a violent act cause them to cross over a line that is defined by age? The current debate over juvenile crime is being dominated by two voices: elected officials proposing quick-fix solutions, and a media more intent on reporting violent crimes than successful prevention efforts. Minors should not be tried as adults in our society today. This is obvious through looking at propositions by our government such as Proposition 21, which is statistics on juvenile crime from specific cases where minors were sentenced in adult courts.…

    • 1427 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    “Justice means that the punishment should fit the crime. Justice means allowing our fellow Americans that made mistakes and paid their debt to society and rejoin their community as active rehabilitated citizens.” These are the words spoken by former United States President Obama during his movement to reform the criminal justice system. The main focus of this reform was to target the juvenile aspect of punishment, specifically life sentencing against juvenile offenders. I believe that yes punishment should fit the crime, but to sentence a juvenile to a life sentencing without parole is something that the United States should be ashamed of doing for all these years before the true decision to disband this in 2012.…

    • 801 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The U.S. stands alone as the only country that sentence people to life without parole for crimes committed turning 18. Most of the approximately 3,000 individuals sentenced to life without possibility of parole now have a chance for release in the wake of recent Supreme Court decisions. The choice to allow teenagers to receive the harshest available sentence is not shared among all states. I believe they should receive life without parole if they committed any murder because it is the law and they broke it. Also another reason, is because it is the victim and the family of the victims right to press charges. Lastly, they are deterrent to crime under the age of 18. Nineteen states and the district of Columbia do not have any prisoners serving life without parole for crimes committed as juveniles, either due to laws prohibiting the sentence or because there are no individuals serving the sentence at this time.…

    • 741 Words
    • 3 Pages
    Good Essays
  • Better Essays

    On March 1, 2005, the United States Supreme Court ruled that it is unconstitutional to sentence minors under the age of 18 to the death penalty. This decision made history, as it was among the first to protect the general welfare of juvenile offenders. Although juveniles may not be sentenced to death, there are still several problems that exist in the juvenile justice system. Juveniles are not protected in the juvenile justice system; they are often charged as adults for non-violent crimes. It is unconstitutional to incriminate juvenile delinquents as adults; it is a cruel and unusual punishment because they lack cognizance of the crime, they can be rehabilitated, and they are placed in great danger in adult jails and prisons.…

    • 2080 Words
    • 9 Pages
    Better Essays
  • Good Essays

    Kurt Kumili once said, “Having [been a prosecutor] now for nearly 12 years, I have seen time and time and time again kids who were lost causes turn their lives around”. The decisions we make as teenagers shouldn’t define us for the rest of our lives. The severity of juvenile punishment should be lessened. Tax money can be put towards counseling, behavior classes, and community service instead of a juvenile facility. The court system should also make the maximum sentencing for juveniles ten years. Lastly, the court systems should eliminate trying juveniles as adults. Even though all crimes should be punished, there should be a decadence in the severity of juvenile punishments.…

    • 672 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The very first execution of a minor was in1642 with Thomas Graunger in Plymouth Colony, Massachesetts. In the three-hundred years since that time, a total of approximately 365 persons have been executed for juvenile crimes, constituting 1.8 percent of roughly twenty-thousand confirmed American executions since 1608. Twenty-two of these executions for juvenile crimes have been imposed since the reinstatement of the death penalty in 1976. These twenty-two recent executions of juvenile offenders make up about 2 percent of the total executions since 1976. The death penalty for juvenile offenders has uniquely become an American practice, in that, it appears to have been abandoned by nations everywhere else in large part due to the express provisions of the United Nations Convention on the Rights of the Child, and of several other international treaties and agreements…

    • 1060 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    A highly controversial topic, in current affairs and throughout history, is the death penalty being the punishment for certain crimes. Even more passionate contention erupts from including juveniles amongst those being prosecuted. The death penalty should not be ruled out for minors. The previous statement is what is intended to be proven by the closing of this paper. Although intensely circumstantial, there are instances when it is agreed by numerous individuals and, in compliance with various states’ laws that a juvenile should be eligible to receive the same sentencing for the heinous and disgusting crime of murder that an adult would. Sometimes the sentencing is death. The purpose of this paper is not to argue whether or not the death penalty goes against the law of God or the constitution, but to simply convey that if, as a people, we come to agreement in certain places, that a “man” can be put to death if “justly deserved” then someone a couple years younger that is in the same position and situation, who commits the same act, should not be treated any differently. From the research that has been conducted to prove this thesis, opposing viewpoints and stances have been brought to light and accounted for. Introduced to this collected information that sprouted from the research, one can become torn and found dancing in the middle of the topic, but, ultimately, can only pick one side. The gathered information that will be represented in the following text built support of this thesis quite easily in comparison to the weak and incomplete points made of the opposing side.…

    • 2284 Words
    • 10 Pages
    Powerful Essays