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The eighth amendment essay
Eighth amendment summary
Eighth amendment summary
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I strongly believe that sending teens to jail is a violation of the eighth amendment. The amendment "prohibits the federal government from imposing cruel and unusual punishments". Many do and will argue that sending a juvenile to an adult court isn 't unfair or unusual because they were able to commit the crime without the regards to the harm it may bring. How can a teen even be considered an adult when they do not even have the same rights as an adult? Hypothetically thinking, place yourself into a situation where you are a minor and may have been accused and sentenced to an adult court. How would you feel then, would you still think it 's a fair punishment. Consider when you were young and you made many decisions, which you look back on and wish you hadn 't done. Imagine hanging out with your friends
Also considered how much bullying and peer pressure plays a role in the actions of juveniles. These factors have to be further investigated before an educated decision can be made on the pros and cons of the trial of a juvenile in an adult court. According to Author Gail Garinger, she agrees that when the Supreme Court cut off the death penalty among juveniles they recognize that there is a loophole in the system and that it must be corrected. Inflicting the death penalty will not help deter juveniles from committing such crimes. Author Paul Thompson also believes that juveniles cannot be tried as adults as they have not fully develop mentally to make decisions or understand the brutality of their actions. I ask if you were the one being tried and you are a juvenile would you like to be tried as an adult, or how about if it is your child on trial; how would you feel?. Juveniles like any other human being realize what their actions brought forth only after learning what their fate may
Within the last five years, violent offenses by children have increased 68 percent, crimes such as: murder, rape, assault, and robbery. Honestly, with these figures, it is not surprising at all that the Juveniles Courts focus less on the children in danger, and focus more on dangerous children. This in fact is most likely the underlying reasoning behind juveniles being tried as adults by imposing harsher and stiffer sentences. However, these policies fail to recognize the developmental differences between young people and
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...
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.
If a family member was murdered, a family member was murdered, age should not dictate if the punishment for homicide will be more lenient or not. If anyone not just juveniles has the capabilities to take someone's life and does so knowing the repercussions, they should be convicted as an adult. In the case of Jennifer Bishop Jenkins who lost her sister, the husband and their unborn child, is a strong advocate of juveniles being sentenced to life without parole. In her article “Jennifer Bishop Jenkins On Punishment and Teen Killers” she shows the world the other side of the spectrum, how it is to be the victim of a juvenile in a changing society where people are fighting against life sentences for juveniles. As she states in the article “There are no words adequate to describe what this kind of traumatic loss does to a victims family. So few who work on the juvenile offender side can truly understand what the victims of their crimes sometimes go through. Some never
Throughout and for many years there has been a lot of controversy on how to trial someone who has committed a crime under the age of 18. A lie will be a lie even if it 's serious or innocent and that 's why just like a crime will always be a crime, no matter what the situation is. The age of a person who has committed murder shouldn 't be an issue or a complication. Many advocate that the juvenile is just a child, but despised that I believe that is no justification or defense for anyone who does a crime. America and the nation need to apprehend that juveniles that are being conducted to life in prison is not just for one small incident or crime, but for several severe crimes according to Jennifer Jenkins, Juvenile Justice Information
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.
Day after day in this country there is a debate going on about the death penalty and whether we as people have the right to decide the fate of another persons life. When we examine this issue we usually consider those we are arguing about to be older men and women who are more than likely hardened criminals with rap sheets longer than the height we stand (Farley & Willwerth, 1998). They have made a career of crime, committing it rather than studying it, and somewhere along the line a jury of their peers decided enough was enough. They were handed down the most severe and most final punishment of them all, death. Behind all of the controversy that this issue raises lies a different group of people that are not so often brought into the lime light, juveniles.
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
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.
A report issued by Amnesty International in 1998, based on data from the Department of Justice and from individual states, estimates that as many as 200,000 youth under the age of eighteen, some as young as thirteen, are prosecuted in adult court annually. The action of sending children into the adult criminal justice system contrasts greatly with the traditional view that delinquent children need help to turn their lives around in order to succeed in their futures. Judges are said to refrain from giving the younger children harsh punishments, even if they commit the exact same crime as someone eighteen or older. Additionally, there are problems with trial by jury in regard to the juvenile cases; juries are just regular citizens and most of them tend to sympathize with kids who are being tried severely. Lastly, offenders who are tried in adult court before legally being considered adults will face many hardships when their release date comes, leading to likely failure to flourish in the rest of their lives. Transferring juveniles to criminal court puts unnecessary strain on the already fearful child and therefore if the offender is 18 or younger, they should stay in juvenile court to receive their sentence and become free citizen who can have a positive impact on their community and society as a whole.
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.
For decades, the contentious issue on whether or not juveniles should be tried as adults for heinous crimes has stirred up a gargantuan amount of disputation. However, juveniles are taken into account as “children” only under certain circumstances. When the situation comes to smoking, drinking, voting and watching rated-R movies, juveniles are merely children. However, when the circumstances are absolute, juries are so compelled to have children be tried as adults when juveniles commit severe crimes that courts go to the extent of sentencing juveniles to long-term punishments. Nonetheless, juveniles who are tried as adults arise significantly more problems than they had before, thus, juveniles should not be tried as adults in spite of that it causes so much controversy and is
In order to have a good comprehension of how the eighth amendment violates juvenile rights, we must first understand what is the eighth amendment. The eighth amendment as defined by the United States Constitution is “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (Amendment VIII). Congress passed this September 25, 1789. In addition, this amendment can be divided into 3 portions: excessive bail, which is amount of money a defendant involved in a criminal case has to pay to be released from jail before their trial begins, excessive fines which is simply being given a fine for a crime, and cruel and unusual punishments, being punish for a crime that does not reflect to the crime.
In the article “Juveniles Don’t Deserve Life Sentences”, by Garinger, she argues that juveniles should not be treated as adults if they commit horrible crimes. Garinger states that juveniles should not be sentenced to life in prison without parole. She states that the court is considering life in prison without parole for juveniles who commit capital crimes. Garinger says that juveniles are immature, and still developing, so they can not be held to the same standards as adults. The writer adds that as a juvenile court judge, she has seen how juveniles can change and may become rehabilitated.
Should juveniles be trial as an adult after committing a heinous crime and sentenced to life? As a teenager, this question if far complicated to answer due that I am a teenager yet in my opinion, I believe that the juvenile should not be sentenced to life. I believe that there 's other way to punish them for their crimes. The last execution was in 2006 in California. On June 2012, the supreme court of justice ruled that juveniles cannot be sentenced to life in prison. On July 2014, in California the death penalty was removed. The 8th amendment banned the use of cruel or punishments. The reason why this rule have been imposed or banned was because many believed that they deserve a second chance. There are many reasons why juveniles commit crimes such as murder.