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Solution to capital punishment
Solution to capital punishment
The Eighth Amendment and capital punishment
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Christopher Simmons was convicted of first degree murder in Missouri.
17 years old at the time of the crime, Simmons was tried as an adult. Simmons confessed to the crime and his sole defence at trial was an attempt to dongrade his punishment through the introduction of character evidence. The jury recommended the death penalty, which was imposed by the judge. In the judgment of the US Supreme Court, the laws of other countries and international authorities were instructive for the interpretation of the Eighth Amendment’s prohibition of ‘cruel and unusual punishment’. International consensus as reflected in the International Covenant on Civil and Political Rights, the American Convention on Human Rights, the Convention on the Rights of the Child, and the African Charter on the Rights and Welfare of the Child provided respected and significant confirmation of the conclusions drawn. International agreement on the juvenile death penalty
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This means that under the laws of human rights he has the right to not be sentenced to death, as it states in the eight amendment.
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
Legal Case Brief: Bland v. Roberts (4th Cir. 2013). Olivia Johnson JOUR/SPCH 3060 April 1, 2014. Bland v. Roberts, No. 12-1671, Order & Opinion (4th Cir., Sept. 18, 2013), available at:http://www.ca4.uscourts.gov/Opinions/Published/121671.pdf (last visited Apr. 4, 2014). Nature of the Case: First Amendment lawsuit on appeal from the U.S. District Court for the Eastern District of Virginia, at Newport News, seeking compensation for lost front/back pay or reinstatement of former positions. Facts: Sheriff B.J. Roberts ran for reelection against opponent, Jim Adams, in 2009.
In 1971 in Mobile County Alabama the School Board created a state statute that set aside time at the beginning of each day for silent ’meditation’ (statute 6-1-20), and in 1981 they added another statute 16-1-20.1 which set aside a minute for ‘silent prayer’ as well. In addition to these, in 1982 the Mobile County School Board enacted statute 16-1-20.2, which specified a prayer that teachers could lead ‘willing’ students in “From henceforth, any teacher or professor in any public educational institution within the State of Alabama, recognizing that the Lord God is one, at the beginning of any homeroom or any class, may pray, may lead willing students in prayer, or may lead the willing students in the following prayer to God… “ (Jaffree By and Through Jaffree v. James). Ishmael Jaffree was the father of three students, Jamael Aakki Jaffree, Makeba Green, and Chioke Saleem Jaffree, who attended a school in Mobile County Alabama. Jaffree complained that his children had been pressured into participating in religious activities by their teachers and their peers, and that he had requested that these activities stopped. When the school did nothing about Jaffree’s complaints he filed an official complaint with the Mobile County School Board through the United States District Courts. The original complaint never mentioned the three state statutes that involved school prayer. However, on June 4, 1982 Jaffree changed his complaint. He now wanted to challenge the constitutionality of statutes 16-1-20, 16-1-20.1 and 16-1-20.2, and motioned for a preliminary injunction. The argument against these state laws was that they were an infringement of the Establishment Clause within the First Amendment of the Constitution, which states that Congr...
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.
Plessy v. Ferguson, 1896, is a landmark in United States Supreme Court’s decision in the United States, of state laws requiring racial segregation in private businesses, under the doctrine of separate but equal.
In the United States Supreme Court case of Roper v. Simmons of 2005 the Supreme Court ruled in a five to four ruling that the death sentence for minors was considered “cruel and unusual punishment,” as stated by the Eighth Amendment, according to the Oyez Project online database. Christopher Simmons, the plaintiff, was only seventeen at the time of his conviction of murder. With the Roper v Simmons, 2005 Supreme Court ruling against applying the death penalty to minors, this also turned over a previous 1989 ruling of Stanford v. Kentucky that stated the death penalty was permissible for those over the age of sixteen who had committed a capital offense. The Roper v. Simmons is one of those landmark Supreme Court cases that impacted, and changed
Supreme Court from Roper v. Simmons (2005) while he appealed to the Supreme Court. In the prior case, the U.S. Supreme Court concluded that sentencing a person to the death penalty for a crime committed before age 18 was a violation of the Eighth Amendment for the juveniles lacked maturity and other capabilities while they committed the crime and in the crime itself. And he argued that life without parole was really the same as the death sentence, which Roper prohibited for juveniles. So he argued the Florida Supreme Court violated the Eighth Amendment hand down the decision. However, the Florida Court believed that a life without parole sentence is not the same as the death penalty, and the crime Graham committed itself could not be overlooked. Also, the State Court believed that the Supreme Court should respect the rights and decision the State Court made toward Graham to set its own sentencing laws and judges’ decisions to determine the appropriate sentence. And finally, Justice Kennedy delivered the final decision of the Supreme Court after reviewing the current sentencing practices, which rarely involved sentencing juveniles without parole, that the decision the Florida Supreme Court made of not granting parole for a life sentence for Graham violated the Eighth Amendment’s Cruel and Unusual Punishment Clause. Also, it ruled that sentencing any juvenile to life in prison without parole is a non-homicide crime. Graham’s appeal was
America is no stranger for juveniles being tried as adults. The first known case being in 1642; Thomas Granger, 16, who had sex with a mare, cow and some goats was hanged in Plymouth Colony, Massachusetts.1 He was America's first documented execution of a child offender and the debut of the juvenile death penalty.1 The youngest girl to be executed was 12-year-old Hannah Ocuish who was hanged for killing a 6-year-old white child in 1786.1 Finally, James Echols, was the last execution in 1964 who was executed for rape two years later at the age of 19.1
The Dred Scott decision of the Supreme Court in March 1857 was one of the major steps
... So instead of the Eighth Amendment being “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.” (Legal Dictionary), it should be “Excessive bail or fines should not be imposed unless it fits the crime committed, cruel and unusual punishment should also not be imposed unless the need was to arise where the crime was extreme enough for all the jury members to agree on a cruel or unusual punishment.”. Works Cited Legal Dictionary. Farlax.
Also the prime suspect had other charges pending against him such as possession of illegal substances and the homeowner of the vacant crime scene said the man was a recovering addict. During the conversation with the officers Johnson refused to give up his DNA sample. The man profess he had not commit any murders and did not commit any crimes regarding the matter. Officers then compel him to give his DNA sample with a warrant compelling him to follow the order. Moreover, after the crime was committed it was discovered that Johnson try to sell one of the victims’ cell phone. He was trying to get rid of the evidence that could implement him on the crime. Witness came forward to verify this story that Johnson indeed try to sell the cell phone for cash. In addition, witness said that Johnson try to be the pimp of the victims that he was
... 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.
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.
Regarding R v. MacDonald, summarily, the police responded to a noise complaint at the residence of the accused. The accused answered the door while concealing a loaded, restricted firearm. The police pushed the door open to determine what the accused was concealing. At issue is the possession of a loaded restricted firearm and the accused answering the door while concealing a weapon. At question are circumstances surrounding the accused’s licence to possess a firearm in Alberta not extending to his Nova Scotia residence and whether the Crown is required to prove that the accused knew or was wilfully blind to the fact that his possession of said firearm was unauthorized. At further question is the issue of whether the police officer’s conduct
During the 1800 and 1900s there was at least three significant amendments that occurred during this occasion. Fluctuating the lives of all African American was a big deal. Becoming free from the slavery was the main commitment for all the African Americans. The 13th Amendment indicated the abolishment of slavery, 14th Amendment specified everyone born in the U.S. were born with expected rights and the 15th Amendment indicated that residents of the U.S. had the right to vote nonetheless of color or earlier slavery. A little background before the civil war amendments, there was slavery widespread during this time. The slave families were abused, their wives were raped, lastly their children were sold to any of the white families. They made one thing clear that slaves had no rights what so ever where they lived.
Guilty! As the gavel hits the sound block, everyone is amazed at the verdict. This teenage boy is sentenced to a life in prison without parole. As you read this in newspapers, magazines, and even online, what goes through your head? You may be thinking, “Why is this teen being tried as adult, he is just a kid?” While he is “just a kid”, and this is a widely held opinion, but it is not mine. Should minors who commit violent crimes be tried as adults? Absolutely. Just because minors are young they do have the ability to know what is right from wrong. Since these minors have committed the crime, they need to be held accountable. If a minor has acted as an adult, they need to be treated like adults. Lastly, minors need to know that their actions have consequences, no matter what age.