Introduction Looking back into the annals of executions in the United States, history shows that persons as young as fourteen years of age were executed. In 1944, a black teen by the name of George Stinney was electrocuted for the beating death of two white girls and was convicted of murder and electrocuted. This event occurred in Columbia, South Carolina. (ABC, 2013) Many other states participated in executing teens during this period. As we enter into a new century, we look back at precedents that have been set and changed by United States Supreme Court rulings. There have been changes in the laws and a distinct reevaluation of how the application of Mens Rea and Juvenile Culpability are necessary to identify the elements of a crime as well as define its purpose. Stanford V. Kentucky (1989) Facts At seventeen years of age, Kevin Stanford was convicted for murder, sodomy, robbery, and the receipt of stolen property. He was sentenced to death under Kentucky’s state statute for Class A felonies or capital crimes. Kentucky’s statute provided for the death penalty of juvenile offenders. Stanford appealed his sentenced based on Wilkins v. Missouri. Both Wilkens and Stanford alleged that the death penalty that was imposed on them violated their Constitutional rights under the Eighth Amendment protection. (Stanford v Kentucky, 1989) Question In the appeal to the United States Supreme Court, the question was whether the death penalty for those convicted of a capital crime below the age of eighteen years was a violation of the Eighth Amendment rights of cruel and unusual punishment. (Stanford v Kentucky, 1989) Argument During the hearing Mr. Heft attorney, argued that this issue in the case was not whether a line should be dra... ... middle of paper ... ...002, June 20). Retrieved from The Oyez Project at IIT Chicago-Kent College of Law: These cases were taken from the United Sates Supreme Court Media called Oyez, IIT Chicago-Kent College of Law. Oyez has a unique website which allows all phases of the case to be heard through MP3 platform with the actual Justices talking. This is a unique website. Mangino, M. T. (2013, November 1). Supreme Court Takes Up Some Unfinished Business. Retrieved from Lincoln Courier: Mangino is a journalist for the Lincoln Courier. He writes about issues regarding the United States courts and laws. Wiener, R. L. (2005, June). Oulawing the Juvenile Death Penalty. Dr. Richard Wiener PHD is a writer for law and psychology programs for the University of Nebraska at Lincoln. His article appeared in the June 2005, vol 36, No 6 Page 84 of the Judicial Notebook of Psychology Today.
Weems v. United States (1910) set a judicial precedent for showing that punishment must be proportionate to the crime committed and allowed courts to decide what is “cruel and unusual”. Lower courts allowed the VIS and that use sometimes came under question. Thus the case was sent to the U.S. Supreme Court to review. In Booth v. Maryland (1987) and Gathers v. South Carolina (1989) the U.S. Supreme Court ruled that VIS could potentially lead to harsher sentences and yet upon further review reconsider their stance on VIS and overturn their decisions and concluded that the Eight Amendment was not violated by victim Impact statements on the ground that such statements did not lead to cruel and unusual punish...
Bowers, W, Pierce, G., and McDevitt, J.(1984), Legal Homicide: Death as Punishment in America, 1964-1982, 333
“Criminal Law and Procedure -Eighth Amendment- Juvenile Life Without Parole Sentences: Graham v. Florida” (2009) Harvard Law Review. N.p., n.d. Web. 6 Apr. 2011.
Rosenberg, Debra. “Michigan’s Day in Court.” Newsweek. 14 Apr, 2003. MSNBC Online. 20 Apr, 2003
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.
Humanity instructs us that we must behave with tolerance and respect towards all. Just Mercy exemplifies how that is not the case for many Americans. Critical Race Theory is a theory which focuses on the experiences of people who are minorities. It argues that people who are minorities in the United States are oppressed and, because of the state of being oppressed, creates fundamental disadvantages (Lecture 4.7). A study conducted for the case McCleskey v. Kemp revealed that when a black defendant killed a white victim, it increased the likelihood the black defendant would receive the death penalty (Stevenson, 2014). Looking at this fact through the lens of a critical race theorist, it illustrates how unconscious racism is ignored by our legal system. The actuality that, statistically, people of color have a higher chance of getting sentenced to death than white people is a blatant example of inequality. In Chapter 8, Stevenson discusses the case of multiple juveniles who were incarcerated and sentenced to death in prison. These juveniles who were sent to adult prisons, where juveniles are five times more likely to be the victims of sexual assault, show an innate inequality towards minors (Stevenson, 2014). Ian Manuel, George Stinney, and Antonio Nunez were all only fourteen-years-old when they were condemned to die in prison. Although they did commit crimes, the purpose of the juvenile justice system is to rehabilitate young offenders. Trying juveniles in adult court represents a prejudice against age, which Stevenson sought to fight by working on appeals for Manuel and Nunez (Stevenson, 2014). His humanity shines through once again, as he combats the justice system to give the adolescents another chance at life, rather than having them die in prison. The way prisoners with mental and/or physical disabilities are treated while incarcerated is also extremely
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.
A deep look into juveniles in adult prisons. Touch bases on several smaller issues that contribute to juveniles being in and effects of adult prisons. The United States Bureau of Prisons handles two hundred and thirty-nine juveniles and their average age is seventeen. Execution of juveniles, The United States is one of only six countries to execute juveniles. There are sixty-eight juveniles sitting on death row for crimes committed as juveniles. Forty-three of those inmates are minorities. People, who are too young to vote, drink alcohol, or drive are held to the same standard of responsibility as adults. In prisons, they argue that the juveniles become targets of older, more hardened criminals. Brian Stevenson, Director of the Alabama Capital Resource Center said, “We have totally given up in the idea of reform of rehabilitation for the very young. We are basically saying we will throw those kids away. Leading To Prison Juvenile Justice Bulletin Report shows that two-thirds of juveniles apprehended for violent offenses were released or put on probation. Only slightly more than one-third of youths charged with homicide was transferred to adult criminal court. Little more than one out of every one hundred New York youths arrested for muggings, beatings, rape and murder ended up in a correctional institution. Another report showed a delinquent boy has to be arrested on average thirteen times before the court will act more restrictive than probation. Laws began changing as early as 1978 in New York to try juveniles over 12 who commit violent crimes as adults did. However, even since the laws changed only twenty percent of serious offenders served any time. The decision of whether to waive a juven...
There are wide and divergent opinions on the United States’ Supreme Court decisions on capital punishment. While proponents of capital punishment allege that it can be applied as with the existence of sufficient due process, others contend that human life is irreplaceable and that “every person has the right to have their life respected” (Oppenheim, “Capital Punishment in the United States”). While capital punishment has phased in and out of the United States’ criminal justice system in the past few decades, current trends seem to fall out of favor with the death penalty. As Snell indicates, by yearend of 2011, there were 3,082 inmates held across 35 states and the Federal Bureau of Prisons under the death sentence, where 9 states executed 43 inmates in both 2011 and 2012 (“Capital Punishment, 2011 – Statistical Tables”). In order to gain a deeper understanding and enhanced projection of the death penalty development, it is prudent to first examining historical accounts of cases that have been decided in favor or against the capital punishment in the United States.
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
... 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...
pp. pp. pp Kay, H. H. (2004, Jan). Ruth Bader Ginsburg, Professor of Law.
The United States has been affected by a number of crimes committed by juveniles. The juvenile crime rate has been increasing in recent years. Everyday more juveniles commit crimes for various reasons. They act as adults when they are not officially adults. There is a discussion about how juveniles should be punished if they commit heinous crimes. While many argue that juveniles who commit serious crimes, such as murder, should be treated as adults, the fact is, juveniles under the age of eighteen, are not adults, and should not be treated as such.
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.