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Roper v. simmons
Briefly discuss the Supreme Court decisions in Roper v. Simmons
Supreme court case roper v simmons bartley court cases
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On September 9th, 1993 at around two in the morning, 17 year old Christopher Simmons, 15 year old Charlie Benjamin and 16 year old John Tessmer met at the home of 29 year old Brian Moomey. Moomey drove the three teens to the house of 46 year old Shirley Crook. Tessmer refused to go with them and ended up going back to his house. Simmons and Benjamin went to the back of Shirley Crook’s house, found a window and cracked it open. When they reached though to unlock the back door and entered the house, Simmons turned on the hallway light. The light woke her and she yelled out, “Who’s there?” Simmons walked into her bedroom and told her to get out of bed and lay on the floor. They duct taped her mouth and eyes and wrapped an electrical cord around …show more content…
Simmons was bragging afterwards about the crime he had committed. Her body was found in the afternoon of September 9th by two fishermen. Simmons was arrested on September 10th at his high school. This then become known as the Roper v. Simmons court case.
During this case, there was a lot of debate on whether or not the death sentence was considered a cruel and unusual punishment to give to a minor. Simmons had several appeals that went to state and federal courts. They lasted until 2002 but each appeal was rejected. These courts held that when someone commits a crime under the age of 18 and is sentenced to death, it violates the 8th and 14th amendment. Both amendments also prohibit the execution of a mentally retarded person. Simmons was speculated to have mental illnesses. The Missouri Supreme Court agreed and set aside Simmons’ death sentence in favor of life imprisonment without eligibility for release. Before Roper v. Simmons could be sent to the Supreme Court, a petition had to be made. The arguments for the
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It was reported that the ages of 16 and 17 did not violate any rights awarded by the 8th Amendment. The courts were finding out that the United States Supreme Court which held that the 8th and the 14th amendment forbid the execution of offenders who were under the age of 18 when their crimes were committed, was no longer valid. Some people were arguing that Simmons was older than 15 but younger than 18 when he committed a capital crime which meant he should have known better. Roper v. Simmons was argued on October 13, 2004 and decided on March 1, 2005. I agree with the Supreme Court for resentencing Simmons to life in prison without probation, parole or release. After all, the only reason he committed this crime in the first place was because he thought he could get away with it. He was 17, one year away from being 18 which means you are now an adult so he definitely knew better. It seemed to me that he was just trying to impress people and then be able to brag about getting away with something as serious as murder. Shirley Crook was only 46 years old and had so many more years she could have lived if it wouldn't had been for Simmons trying to be “cool”. I do not think this case should have lasted as long as it did though. It started in 1993 and didn't end until 2005. Christopher Simmons is currently 41 and will remain in prison until the day he
In my opinion, I actually agree with the court decision because yes although he did committed a crime, to be sentenced for life at young age is pretty harsh. I do agree that he should pay for his consequences but not to that extreme. They should honestly come up with a plan that suits his crime. Plus he has the right of the 8th Amendment, to not condone a cruel punishment if it does not suit the crime in which he committed.
On the way over to burglarize the home, the group of 5 juveniles rode their bikes and stop on the way to feed some ducks, then dumped their bikes in some bushes. At the last minute, two of the five juveniles took off. Leaving behind Kane, who didn’t want to be labeled a scaredy-cat, and 19 year old Alvin Morton and 17 year old Bobby Garner. The group of juveniles expected the house to be empty, but found 75 year old Madeline Weisser, and her son 55 John Bowers were in fact at home.
Chief Justice John Marshall was an intelligent man who served in the United States Supreme Court from 1801 until the year 1835. During this time, Marshall heard over 1,000 cases and wrote 519 decisions (Fox). One of the cases he heard took place in 1824, and it’s known as Gibbons v. Ogden. This case is a rather simple one, but an important one nonetheless. A problem arose when two men, named Thomas Gibbons and Aaron Ogden, found out that they were both operating steamboat ferries along the same route. These men had both received permission to operate their steamboats from two different places. Gibbons received permission from the Federal Government, while Ogden had received his from a state government. When the case reached the Supreme Court,
This morning October 8th 1965 at about 5:13 am the body of Bob Sheldon was found lying next to the park fountain he was seen to be in a pool of blood. His body had a single stab wound in his back which had pierced his heart, killing him instantly. Supposed eye witnesses say that a small boy who was a member of the "Greaser Gang" attacked and killed Bob and intended to kill the rest of them. Cherry Valance claims that she was walking with Johnny and Ponyboy after the movies when Bob approached them in his car and threatened the two them. Be on the lookout for the two boys with the description of one that has long light-brown hair, green eyes, and is about five feet tall and another has long jet-black hair, large black eyes, and is about four feet six inches. The first one is considered to be Ponyboy and the second one is considered to be Johnny. The two are now on the run they were last seen at a party with Dally. Investigators report that Dally says he has no idea where these two are but he thinks that they are going to Mexico. A woman was taking a walk through the park and discovered the bloody corpse she said “I was hesitant at first because I thought they were watching me, but I gained some courage and called 911” the friends that were their helping Bob bully the 2 said they were there during the homicide, but decided not to call the police because they were drunk and they were scared after seeing him dead. They said, the murderer was a 16 year old boy named Johnny Cade.
In the 1996 Supreme Court case Romer v. Evans, the voters of the state of Colorado approved a second amendment to their state Constitution through a referendum, in order to prevent homosexuals from becoming a protected minority. Before the referendum occurred, many of the major cities in Colorado passed laws prohibiting people to be discriminated against based on their sexuality, including whether or not they are homosexual. The citizens of Colorado who disapprove of homosexuality then created a petition to put the second amendment to a vote, and won with a majority of 53% of the votes. Richard Evans, with the support of many others, took the amendment to court claiming it was unconstitutional, and should be removed from the constitution, going on to win in the Colorado Supreme Court and the United States Supreme Court.
Donald P. Roper v. Simmons case was a landmark decision in which the Supreme Court of the United States held that it is unconstitutional to impose capital punishment for crimes committed while under the age of 18. The immediate consequence of Roper was that it saved the lives of 72 individuals who were condemned to die for crimes they committed as children. And as a consequence of murder he is now spending a long life time in prison. furthermore a consequence of Simmons actions, his family has to endure the imprisonment of there son or brother and he has to face trials for his freedom, whilst being in
...s was a federal case and a federal ruling which means that this new law outlawing the execution of anyone under the age of eighteen at the time of the crime extended its reach over the entire United States. This also overruled all state laws allowing juvenile executions. The Roper v. Simmons ruling overturned the decision from Stanford v. Kentucky which allowed the death penalty for juvenile offenders over the age of sixteen.
A court case that made it to the Supreme Court was the case of Kevin Nigel Stanford, who was convicted in 1981 of a murder committed in Kentucky when he was 17 years and 4 months old. Stanford and an accomplice repeatedly raped and sodomized a 20-year-old woman during the robbery of a gas station where she worked. The men took her to a wooded area, and Stanford shot her straight in the face, then in the back of the head, to prevent her from testifying against him. Stanford's case first came to the Supreme Court in 1989. In the decision Stanford vs. Kentucky, a narrow Supreme Court majority ruled the execution of death row inmates who killed before they were 18 was not then cruel and unusual punishment, following the 8th amendment of the Constitution.
The petitioner, Troy Leon Gregg, in this case had been charged with the armed robbery and murder of two men (Findlaw, 2015). Gregg was found guilty by a jury of two counts of armed robbery, and two counts of murder, after which the judge instructed jurors that it could decide between a sentence of either life in prison, or the death penalty, and they could only do so if they found beyond a reasonable doubt that the murders were committed during the commission of other felonies, that Mr. Gregg murdered these two men for their property, and that the murders themselves were in any way depraved, vile, or inhuman (Findlaw, 2015). The jury found Mr. Gregg guilty of committing the murders during the commission of other felonies, and for the victims’ property, and came back with a sentence of death (Findlaw, 2015).
In the early 1950’s, the number of executions sharply declined. Opponents of the death penalty claimed that it violated the Eighth Amendment, which forbids cruel and unusual punishment. Opponents also claimed the death penalty violated the Fourteenth Amendment, which states that all citizens are entitled to equal protection under the law. In early 1972, William Furman was convicted of burglary and murder. While Furman was burglarizing a home, a resident arrived at the scene. Startled, Furman tried to flee, but tripped and fell in the process. The gun Furman was carrying discharged, killing the resident in the process. Furman did not believe he deserved the death penalty. The constitutionality of capital punishment in this circumstance was considered in the supreme co...
... 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.
“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.
Most people in Colorado were furious about him not being put to death. From reading the comment sections of Colorado newspapers people did not agree with the ruling of life without parole. The people in the comment sections were unhappy with the decision because they wanted him to pay for the crime that he had committed which was killing tons of innocent people. Most of the people stated that James Holmes should be put to death because of all the lives that he took. This author addresses something much bigger than the reason why they think James Holmes got the right sentence instead of the death penalty. They address the idea that “taking a life undermines the principle that killing is wrong” (1). This idea had been talked about a lot when it comes to the death sentence in the United States. Other controversial cases having to do with the death sentence, like Kennedy V. Louisiana, Baze v. Rees, and many others have all had the same ideas come up in conversations. The timing of this article could not have come out at a better time.
In the quiet New York town of Savona, Eric Smith, age thirteen, intercepted four year old Derrick Robie on his way to a park recreation program and offered to show him a shortcut. Hesitatingly, Derrick set off with Eric. He never made it to the park. That same day the little boy's savagely beaten body was discovered outside the park area (Seifert 98).
The Supreme Court felt that the death penalty in his case was constitutional and that the eighth amendment was not violated because there was significant evidence of “aggravating circumstances” where it was necessary to impose the death penalty. Gregg disagreed and said the death penalty itself is unconstitutional and that it violated the eight (cruel and unusual punishment) and fourteenth (civil rights) amendment. The court heard his case in 1976 and