“Cruel and unusual” punishment, like most legal topic, is a loosely interpreted idea that has circulated from households, to schools, to prisons all around the country. Ultimately the supreme court has the absolute final say in what definition is deemed applicable for the situation at hand, being that, it is made up of the most respected judges and jurors available. To this day it is argued whether or not in juvenile court, it is violating the Constitution to have the accused receive the death sentence and/or capitol punishment of any degree. Roper Vs. Simmons is an eccentric engagement in regards to the fact that the supreme court took in verdicts and opinions from previous cases and public opinion pertaining to said case. Certain justices believed that juveniles and the mentally ill were not disregarded from the death sentence. Being brought upon the death penalty as an adult is a profound argumentative topic in general, but even more controversial once brought upon to a minor or the mentally ill. On September 9th, 1993, at the age of 17, Christopher Simmon deliberately murdered Shirely Crook. Simmon broke into Crook’s home, tied her up, drove her towards a State park and then threw her off the bridge. By the afternoon on September 9th, fisherman discovered the victims body meanwhile Simmons was gloating about the crime he committed. After gathering information of Simmon’s involvement with the murder, the next day he was arrested at his high school. Once brought down to the station in Fenton, Missouri, he confessed to the murder of Crook and agreed on reenacting the crime at the scene while being videotaped. The State of Missouri charged Simmons with the kidnapping, burglary, and murder of Shirely Crook of the first degree. Considering Simon’s age, 17, he was tried as an adult. Due to the reenactment and Simmon’s confessions, no witnesses were called for he was found guilty unanimously. Simmon was given the death penalty, until he obtained new counsel. (Too Young To Kill?) Experts were brought into court to testify Simmon’s abuse as a child which believed to have effect on his development, drug abuse, schoolwork, and cause him to be mentally ill. After these allegations of Simmon’s being mentally ill and having no criminal record behind him, the court held that the 14th and 8th amendments stated that it is further more prohibited to send a mentally retarded person to death even in the Atkins case. (International Justice Project) The basics of Atkins was that mental retardation diffuses the choosing capability within the person. And with no choosing capability, there is no responsibility upfront finding that the respondent is less guilty for their actions. Finding also, that many Americans were now against the execution of minors and mentally ill, the courts ruled that it was unconstitutional. (OYEZ) Simmon’s death sentence was now put aside and he was given life in prison without eligibility for parole. Many Americans were satisfied with this choice because of the fact that their beliefs were being heard. This case caused the U.S. Supreme Court to rule that the decency standards have changed so much that any juvenile offender younger than 18 is entirely prohibited to receive the death penalty in March 2005. I believe that this should not be the case, if a minor should be thinking that well into an organized crime, inflicting serve harm or death on others, they should be able to face the
a. the moral argument
b. constitutional issues—(a) due process, (b) 8th amendment (cruel and unusual punishment)
c. problem of rectification (due to the qualitatively distinct nature of capital punishment, if you make a mistake, in regards to executing people, you can’t undo it or rectify it)
d. denial of deterrence (look at the statistics and you will see that capital punishment doesn’t deter crime any more than life imprisonment does)
Gregg v. GA
-Gregg was found…
trial, witnesses, the right to a trial by jury, excessive bail and cruel punishment, rule of construction of Constitution, and the rights of the states under Constitution. All of the amendments are significant in their own way but the amendment I am going to focus on is the eighth amendment. The eighth amendment is pertinent because it guarantees the right to be exempt from excessive fines, bail and cruel and unusual punishments.
The eighth amendment originates from the British Magna Carta of…
I think that executing a minor violates the 8th amendment, “No cruel or unusual punishment.” If a little kid makes a mistake and accidentally shoots a gun or does something that kills someone, and they are executed I think that that falls under cruel and unusual punishment.
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…
early years of the Republic, people have argued about whether capital punishment is necessary or not in the United States. With so many opinions, it’s difficult to tell whether it is justifiable or not. Taking into account the quantities of errors the court makes, along with the cost of imprisoning an inmate, and whether the death penalty falls under the Bill of Rights, the death penalty is a complex issue.
Capital punishment in America has been around since the colonial times of Jamestown. The…
The History of the Death Penalty
The History of the Death Penalty
Capital punishment, also known as the death penalty, has been a part of our judicial system for a very long time. It has been around for longer than people think to acknowledge. Before the United States were founded, even before civilization knew what democracy meant, there has been in some way or some form, capital punishment. There were limited regulations, policies, or liberties that monitored or regulated who would or could…
for cruel and unusual punishment. There are jurisdictions, where beheading is legally enforced punishment. Organ harvesting, whether legal or illegal, takes place in China. Also, gas chamber and electrocution are practiced in some countries, including the United States. The paper describes these forms of executions, explains for which kind of offenses they can be imposed, clemency process, and outlines categories of offenders that can be excluded from the death penalty.
Cruel and Unusual…
some states are trying to find a way to eliminated capital punishment because they found that it is unconstitutional and it is against the 5th, 8th and 14th amendment.
The U.S. Constitution's eight amendment states: 'Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. A number of state constitutions also contain the same, or similar, provisions. The objective of the punishment has three purposes which are: to punish for that crime committed…
Capital Punishment has long been debated. The Medina incident in Florida raises the issue: does the use of the electric chair constitute cruel and unusual punishment? Medina was a criminal tried and juried recommended to the death penalty for murder conviction. A.C. Soud, a circuit court judge in Jacksonville, Florida, does not believe electrocution rises to the level of cruel and unusual punishment. On the other hand, the “Human Rights Watch opposes the death penalty in all circumstances as an…
13 April 2015
The death penalty: the punishment of execution, administered to someone legally convicted of a capital crime (“Definition of Death Penalty in English”). Recently, the death penalty has become a widely debated issue due to the publicity it has gained, especially from botched executions (pertaining to lethal injections), and the cost of it. However, the death penalty is much more than what the opponents of it claim it to be…
Any lethal injection that causes cruel and unusual punishment should not be implemented
For inmates. The death penalty has been in practice prior to America being discovered.
Executing of an offender has been a popular method of punishment in past history for
Numerous different crimes. Some of the crimes that could result in execution were
Stealing, treason, rape and murder. Lynching, hanging, burning, firing squad, lethal gas,
Electrocution and lethal injection are just some…