Christopher Simmons, 17 at the time, was condemned to death in 1993 for murder. He exhausted all of his state and federal appeals up until 2002, meaning they were all rejected. In 2002, the Missouri Supreme Court granted Simmons a stay of execution while the U.S. Supreme Court ruled on Atkins v. Virginia, a case that was held on the execution of the mentally disabled. “When the Supreme Court decided Atkins v. Virginia in 2002 (barring executions for the mentally disabled), Simmons filed a new petition. He argued that the Eighth Amendment rationale of Atkins should also bar the execution of juveniles” (Legal Dictionary, n.d.). Following the U.S. Supreme Court decision, it was decided that executing the mentally impaired abused the Eighth and …show more content…
Simmons plotted this crime with some friends, who were also juveniles under age at the time. However, one of Simmons’ friends excluded himself from the plot to kill (murder), steal (burglarize), and destroy (a family). “He brought two younger friends into the plot. On the night of the murder, one friend opted out of the plan. Simmons and the remaining friend broke into the victim’s home, bound her with duct tape, drove to a bridge, and threw her over the bridge into the river below” (Legal Dictionary, n.d.). Even though Simmons confessed to committing those acts, he also reenacted it out for the police as they recorded Simmons’ account as to what happened. “They read him his Miranda rights. Simmons waived his right to an attorney and agreed to answer questions. After less than two hours of interrogation, Simmons confessed to the murder and agreed to perform a videotaped reenactment at the crime scene” (American Bar, …show more content…
The United States is the only country in the world that gives official sanction to the execution of juvenile offenders. Although international norms do not govern our laws, they are instructive to the Court” (Legal Dictionary, n.d.).
“The 2005 Roper v. Simmons ruling made persons under the age of 18 the third category of persons, in addition to those who are insane and those who suffer from mental retardation, to be excluded from a sentence of capital punishment” (Elrod & Ryder, 2014).
References
American Bar. (2005, March 1). Roper v. Simmons, 543 U.S. 551. Retrieved from https://www.americanbar.org/content/dam/aba/events/youth_at_risk/ROPER-v-Simmons.authcheckdam.pdf
Capital Punishment in Context. (n.d.). Roper v. Simmons 543 U.S. 551 (2005). Retrieved from https://www.capitalpunishmentincontext.org/resources/casesummaries/roper?destination=node%2F46
Elrod, P., & Ryder, R. S. (2014). Juvenile justice: a social, historical, and legal perspective (4th ed.). Burlington, MA: Jones & Bartlett Learning.
Legal Dictionary. (n.d.). Roper v Simmons. Retrieved from
Therefore the question that should be asked is, Is the execution of a defendant with intellectual disabilities (mental retardation) cruel and unusual punishment prohibited by the Eighth Amendment ("FindLaw's United States Supreme Court case and opinions.",
Caption: Brumfield v. Cain, 576 U. S. ____ (2015). In this case, Brumfield, the petitioner, wants the United States Supreme Court to review a decision by the United States Court of Appeals for the 5th Circuit. Facts: Kevan Brumfield was convicted of murder of Betty Smothers, and was sentenced to death by a Louisiana court. This court decision was made before ruling that the 8th Amendment prohibits execution of the intellectually disabled under Atkins v. Virginia. Using the Atkins Mandate, in State v. Williams (2001), the Louisiana Supreme Court decided a hearing must take place to decide if Williams was actually intellectually disabled.
Roper v. Simmons, the facts, issues, and court holding on this cause is about a 17 year old boy who was arrested for murder. Christopher Simmons, who was 17 when he was arrested for the murder of Shirley Crook. He was convicted of first-degree murder and sentenced to death. Christopher Simmons was accused of burglary and murder. Also it was said two of his friends helped him.
In 2005 the Roper V. Simmos case led to the death penalty to push to the age of 18 years old. The main focus around the Stanford V. Kentucky case was what would be the final punishment for Kevin Stanford, of the death of his victim Barbel Poore. The date was January 7, 1981, Kevin Stanford was 16 years old when he committed the murder of Barbel Poore.. encyclopedia.com Kevin and his accomplice committed a robbery together at Checker Gasoline station, in Jefferson County, Kentucky.(oyez.org)
In 1993, Christopher Simmons, at the young age of 17 committed murder by throwing a woman off a bridge. This incident took place in Missouri, Simmons along with two other individuals decided to make a plan to commit burglary and murder. Christopher Simmons along with two younger friends, John Tessmer, and Charles Benjamin come up with the idea and constructed a plan to break into Shirley Crook’s residents and murder her. However, before the plan could be carried out John Tessner backed out on Simmons and Benjamin. The original plan to be carried out consisted of breaking into Crook’s residents, tying her up, before leaving with her and tossing her off a bridge.
Introduction In response to question one of unit 4, I will discuss the facts, issues, as well as court holdings referencing the Roper v. Simmons case of 2005. Discussion The Roper v. Simmons case is noted for being one of the most significant cases in the history of the juvenile court system as it abolished capital punishment for offenders under the age of eighteen in the United States (Death Penalty Information Center, n.d.). This case was argued on October 13, 2004, and a decision was reached by the United States Supreme Court on March 1, 2005. The case referenced the sentencing of Christopher Simmons to death for a crime he committed at the age of seventeen (Cornell University Law School, n.d.).
They ruled this because it was deemed as “ Cruel and Unusual Punishment” and was a violation of the eighth
The most important issue that must be addressed in this case is the principle of the “evolving standards of decency” and the uses of a national consensus. The “evolving standards of decency” were developed by Trop v. Dulles and have been implemented in one way or another in all of the precedents dealing with “cruel and unusual” punishment. It is important to treat these principles as an important aspect of “cruel and unusual” punishment jurisprudence, therefore turning from these set of principles would be foolish and a disregard for every precedent. However, it is important to acknowledge that each case satisfies the standards by using a different method; some use the presence or lack of state legislature as a judgment of consensus while others look at foreign countries.
At the police station, he waived his rights and after a short interrogation, Simmons confessed to the murder (Roper v. Simmons, 2005). He also agreed to make a video reenactment of exactly what happened (Roper v. Simmons, 2005). At 17 years old, Simmons was charged with burglary, kidnapping, theft, and 1st degree murder. In Missouri, Simmons was tried as an adult being that he was 17 years old and committed murder (Roper v. Simmons, 2005). His confession and reenactment were used against him at trial as well as other evidence such as his planning it out and bragging about it (Roper v. Simmons, 2005).
The book Burning Down the House: The End of Juvenile Prison, by Nell Bernstein is a compelling expose on the inherent evil of juvenile detention facilities. In her eye-opening account of the danger that lies within locking up this nation’s youth, Bernstein utilizes a plethora of rhetorical strategies to urge her audience to recognize and act on her claim. In writing this account on the heinousness of juvenile detention centers and why the system as a whole must be reformed, Bernstein uses personal cause and effect examples, studies and statistics, as well as concrete refutations to advocate the world for change. Bernstein starts her argument by providing readers with personal examples of the effects juvenile detention centers had on a handful of the kids she interviewed. Her first example briefly narrates how Jared, an adolescent many would
Annotated bibliography Childress, S. (2016, June 2). More States Consider Raising the Age for Juvenile Crime. Retrieved from PBS: http://www.pbs.org/wgbh/frontline/article/more-states-consider-raising-the-age-for-juvenile-crime/ More states are considering to raising the age for juvenile crimes before being tried as adult because young offender's mental capacity. The idea is to cut the cost of incarcerate young offender in adult prison and ensure offenders to receive proper education and specialized care to change their behavior. Putting children in adult prison does not deter crime.
Crimes are happening around us whether we pay attention to them or not. Those crimes as dangerous as murder are committed by all ages but should younger criminal in their juvenile age received the same punishment as older criminals. On June 25, 2012, the Supreme Court ruled that juveniles committed murder could not be sentenced to life in prison because it violates the Eighth Amendment.(On-Demand Writing Assignment Juvenile Justice) Advocates on the concurring side believes that mandatory life in prison is wrong and should be abolish. However, the dissenting side believe that keeping the there should be a life in prison punishment for juvenile who commit heinous crime regardless of their age.
As such, the case went to the Supreme Court with two questions: should the jury consider mitigating evidence presented and is it the Cruel and Unusual Punishment Clause under the Eighth Amendment to execute an intellectually disabled
It’s Not working out. By:Taija Jones. The 8th amendment says “Excessive bail shall not be required, Nor excessive fines imposed, Nor cruel and unusual punishments inflicted” . With that being said if the 8th amendment applies for cruel punishments of death penalties then why is it still happening.
Prior to 1899 in the United States, children who committed a criminal offense were tried and punished as adults. Children were being institutionalized with adult criminals where they were picking up negative influences preparing them for a life of crime. Progressive and social change demanded that children be protected and educated instead and therefore a separate court system for juveniles was subsequently established to address this problem. It has since being argued that juvenile courts have abandoned their role to rehabilitate juvenile delinquents and should be abolished.