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Capital punishment vs death penalty essay
Capital punishment vs death penalty
Sociological theories pertaining to juvenile crime
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Jake Evans, a 17-year-old teenage boy, murdered his mother and sister by firing multiple gunshots at home in Texas (Brown, 2012; Walsh, 2012). After this heinous act, he made a 911 call to inform the dispatcher what he had done with a calm voice. Evans’s cold-blood double homicide case led the media to depict him as an malevolent adolescent, even the judge hearing over Evans’s case refused to drop the capital murder charge against Evans (Winter, 2013). The U.S. Supreme Court has ruled that individuals who are under the age of 18 at the time of their offense should not be sentenced to death or life without parole (Miller v. Alabama, 2012; Roper v. Simmons, 2005). Evans’s public defender requested to try the boy with murder instead of capital murder which has only two punitive sentencing outcomes in Texas--- life without parole and death penalty (Douglas, 2013). However, both sentences would be unconstitutional to Evans because he was 17 years old when he committed offense (Winter, 2013). As the judge insisted to charge Evans with the capital offense, once Evans was convicted, the judge, however, will face another issue which is how to deliver a lawful and appropriate verdict. Therefore, to resolve the problem, the Texas District and County Attorneys Association is attempting to revise the law without violating the initial Supreme Court ruling (Winter, 2013). When the public and the media encounter cases like Jake Evans’s, they tend to overemphasize on what the defendants have done and how to punish them rather focus on what happened to the juvenile offenders while growing up and what drove them to their actions. The purpose of this essay is to shift from the unjust emphasis on one portion of cases, the legal process, to how this al...
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...estigation. Retrieved on September 8, 2013, from http://ojjdp.gov/ojstatbb/ezashr/asp/off_selection.asp
Roper v. Simmons. 543 U.S. 551. (2005).
Tanenhaus, D.S., (2004). Juvenile justice in the making. New York, NY: Oxford
University Press.
Walsh, M. (2012, October 5). Jake Evans, 17, tells 911 he shot and killed mother, sister --- charged with murder. New York Daily News. Retrieved on September 10, 2013, from http://www.nydailynews.com/news/crime/jake-evans-tells-911-shot-killed-mother-sister-article-1.1176304
Warley, R.M. (2011). Juvenile homicide: Fatal assault or lethal intent? United States:
LFB Scholarly Publishing LLC.
Winter, L. (2013, June 19). Aledo teen accused of killing his mom and sister is in capital murder limbo. Star-Telegram. Retrieved on September 13, 2013, from http://www.star-telegram.com/2013/06/19/4951228/aledo-teen-accused-of-killing.html
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
A horrific murder happened in tiny Skidmore on December of 2004. Lisa Montgomery and Bobbi Jo Stinnett met and found out that they had much in common and became good friends (Nunes 85-86). Surprisingly, Bobbi and Lisa met in an internet chat room. Bobbi was into puppy breeding and she occasionally served as a judge. Lisa lived in Kansas where her close friends were shocked about what she was talking about. Of course, Lisa shrugged it off and she sent an email to Bobbi saying that she wanted to see the puppies (Nunes 85-86). When Lisa met Bobbi Jo she had a fake name which was Darlene Fisher because she didn’t want Bobbi to know her real identity. When Lisa sent Bobbi the email she had a criminal intent on her mind. She was planning to choke Bobbi into unconsciousness and then cut open her womb and steal Bobbi’s unborn baby. When Lisa arrived at the house she threw a rope around Bobbi’s neck and choked her until she was unconscious. That is when Lisa took a knife and started to cut open Bobbi’s stomach. Lisa had to cut through skin, fat, and muscle to get to Bobbi’s uterus. Bobbi’s baby was in eight-month gestation; Lisa cut and tied the baby’s cord. Lisa stole the baby and fled to her house in Kansas. Unfort...
It was summer hot and humid July but all was not well for homicide was in the air. Jeremy Ringquist had, after a divorce and begin unemployed, had taken up residence with his parents once again. Thirty-eight years of age Jeremy, was charged with the death of his parents and attempting to hide the bodies in a freezer.
The Free Lance-Star (Fredericksburg), "Two Brothers Charged in Ammidown Murder." March 16, 1972. http://news.google.com/newspapers?nid=1298&dat=19720316&id=iqlWAAAAIBAJ&sjid=0ucDAAAAIBAJ&pg=7421,2169052 (accessed April 11, 2012).
Christopher, Liam. “Mother ‘vindicated’ after girl’s murder suspect held.” Daily Post. 18 Aug. 2006: 19. Proquest Newsstand. Web. 28 Feb. 2014.
L.E. Orr “Fitting Justice for Susan Smith?” http://articles.orlandosentinel.com/1995-08-02/news/9508020382_1_susan-smith-rough-life-carjacking Orlando Sentinel , August 2, 1995. Web. February 9,2012
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
The sentencing of underage criminals has remained a logistical and moral issue in the world for a very long time. The issue is brought to our perspective in the documentary Making a Murderer and the audio podcast Serial. When trying to overcome this issue, we ask ourselves, “When should juveniles receive life sentences?” or “Should young inmates be housed with adults?” or “Was the Supreme Court right to make it illegal to sentence a minor to death?”. There are multiple answers to these questions, and it’s necessary to either take a moral or logical approach to the problem.
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.
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.
Barnard, J. (1998). Suspended student kills one in high school cafeteria; two dead at his home. The Oregonian. (May 21).
Johnson, Jason B. “ Slain Teen’s family: Cops eyeing 7-10 suspects.” Boston Herald. 7 ,April 1995
Mitchell, Heather, and Michael G. Aamodt. "The incidence of child abuse in serial killers." Journal of Police and Criminal Psychology 20.1 (2005): 40-47.
For every 12 homicides committed in the United States 1 of them involves a juvenile offender (Howard N. Snyder, Juvenile Offenders and Victims, 2006). Although most American don’t realize it, juvenile homicide is a problem in the United States that needs to be fixed. Even though statistics show that the homicide rate done by juveniles is at its lowest rate since the early 1980’s it is still a problem. Juvenile homicide has lowered in the recent years, but the fact that it still happens is chilling to most Americans. Most Americans believe that juveniles who show early signs of deviant acts are not a big deal, however if we try and help those juveniles, we can possibly stop them from committing homicidal acts when they get older. In fact the social learning theory, general strain theory, and social control theory point to the idea that juvenile homicide can be prevented.
Vendel, Christine. “Independence mom allegedly stabs sleeping son, blames God.” Wichita Eagle. Web 13 April 2011.