The issue involved in the U.S. Supreme Court case of Roper v. Simmons (2005) affects the Eighth and 14th Amendments to the United States Constitution (Roper v. Simmons, 2015). The visited factors included whether it is permissible under both Amendments to execute an individual for the commission of a capital offense committed while the offender was under the age of 18 (Roper v. Simmons, 2015). In Roper v. Simmons (2005), 17-year-old, Christopher Simmons, committed capital murder and after he turned 18, he was sentenced to death.
Case Facts:
At the young age of 17 years, Christopher Simmons planned and later committed a capital murder (Roper v. Simmons, 2015). Prior to the commission of the offense, Simmons expressed his desire to murder someone and talked about his plan while discussing it with his two friends, Charles Benjamin and John Tessmer, both of which were minors (Roper v. Simmons, 2015). After proposing to commit burglary and murder, Simmons assured his juvenile friends that they would “get away with it” because they were minors (Roper v. Simmons, 2015). Following that discussion, the three parties met at approximately 2:00 am with
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Simmons, 2015). During closing arguments, both the prosecutor and defense counsel addressed the fact that Simmons was merely 17 years old, which was considered as a mitigating factor (Roper v. Simmons, 2015). Approximately nine months later, after Simmons turned 18 years-old, Simmons was sentenced to death for the commission of this offense (Roper v. Simmons, 2015). As a result, the jury recommended the death penalty, which the judge subsequently imposed against 17-year-old Simmons (Roper v. Simmons, 2015). Simmons’ direct appeal and subsequent petitions for state and federal post-conviction relief were rejected (Roper v. Simmons,
Facts: Christopher Simmons, was a 17 year old, who plotted to commit burglary and murder. He planned with his friends, Benjamin and Tessmer, to break into a woman’s home, tie her up then throw her into the river. He planned it out. He broke into Shirley Cooks home, a lady who was involved in a car accident. While Simmons was committing the crime, he tied her up and threw her into the river.
I. QUESTION PRESENTED What is the impact of Mr. Roberts and Ms. Turley holding their new home as joint tenants in a community property state? II. SHORT ANSWER By opting to hold the new home as joint tenants in a community property state, the couple will realize the higher level of creditor protection afforded by a joint tenancy but will lose the significant tax benefits afforded under the community property tax regime.
The constitution including its amendments is considered the “supreme law of the land”. The constitution has been enhanced by being steadily challenged to further interpret the meaning. These test come through many different legal cases that are brought to the Supreme Court; for example. The first amendment states “Congress shall make no law…prohibiting…or abridging the freedom of speech…” Though there are restrictions on a person’s first amendment rights, in the Hazlewood v. Kuhlmeier case this amendment was challenge when students of the school newspaper believed their rights were taken away by the principal because two pages of articles were deleted from the paper.
In U.S. v. Jones, Antoine Jones owned a popular nightclub in the District of Columbia. As the police department and FBI had reasonable suspicion to believe that cocaine trafficking was taking place in the club, law enforcement enabled strict surveillance. The strict surveillance consisted of cameras around the nightclub, officers obtained a warrant to implement device to register phone numbers of anyone calling Jones or calls Jones made and installed a wiretapping device. In addition, the officers installed a GPS tracking device in Jones vehicle, to install this device the officers had to obtained a warrant that allowed the GPS to be installed for ten days in the District of Columbia. However, as the car traveled to Maryland the officers changed
Roper v. Simmons After reviewing several different opinions regarding the Supreme Court’s verdict in the Roper v. Simmons case, I agree with their final decision. There are many pros and cons when it comes to condemning a juvenile to death row or life imprisonment without parole. I believe that each case is unique and the penalty should depend upon the severity of the crime and how it was committed. In addition, an individual’s age, mental health status and genetics need to be considered when sentencing an appropriate punishment. In Simmons case, I think that he knew exactly what he was doing at the time when he murdered Mrs. Cook.
Roper Vs. Simmons Christopher Simmons committed a capital murder in September of 1993. Simmons was only 17 at the time. Simmons had an accomplice, his friend Charles Benjamin who was only 15 years old.
A comparison study of two murders in the state of Ms which are Jones v. State of Mississippi (2009) and Parker v. State of Mississippi (2011) and both of these cases have a lot in common. Brett Jones and Lester Parker are currently in jail for a heinous crime. Not only were they 15 years old juveniles doing the time but they both their grandfathers several times for different reasons and because of that they were charged with first and second degree murder and was sentenced to life without parole. Brett Jones Jr. v. State of Mississippi (2009) Brett Jones stabbed his 68 year old grandfather to death and was sentenced to life without parole but because he was a juvenile at the time he was sentenced to life without the possibility of parole because his 8th amendment was violated.
He also tried to reach for a deputy’s gun, in which he again was sentenced to death by lethal injection. Simmons kept waiving his rights to appeal, to try to get away with being “insane”. This shows that he was for sure competent enough to think about those things, so what exactly was wrong with this man? Then finally in 1990, with Simmons accepting his fate, Bill Clinton signed his death warrant for June 25, 1990. This was the fastest sentence to death ever since the death penalty was put into
Brendan Dassey, 16 years old, being tried for Rape and the murder of Teresa Halbach. The question I ask of you is: Should Brendan have been charged as an adult for committing his crimes? I believe 100% that he was correctly tried as an adult. Brendan knew what he was doing at the age of 16, and could’ve said no to doing his crimes, but he didn’t. Brendan Dassey knew what he was doing, but he didn’t stop his actions.
In Miller vs. Alabama, the question of whether or not a life without parole sentence for minors violates the Eighth and Fourteenth Amendments was raised and discussed (1). In July of 2003, Evan Miller, along with an accomplice named Colby Smith, severely beat Cole Cannon with a baseball bat and burned down his trailer while he was inside (1). Miller was only fourteen year olds at the time of the crime (1). In 2004, Miller was transferred from Lawrence County’s juvenile court to Lawrence County’s Circuit Court to be tried as an adult (1). He was going to be tried for capital murder during the course of an arson (1).
If You Can’t Do The Time Don’t Do The Crime Nathaniel Abraham is 11 years old and got the world questioning. Nathaniel had acted with murder. The action was displayed in Michigan of 1997. By then, a law in Michigan was created explaining, “a child of any age may be tried as an adult for severe crimes.” This law shows the fair, just process of criminal action towards all, not just the older.
It baffles my mind how cruel people can be, especially a juvenile; Simmons already had a plan in mind of how he wanted the crime to take place and I find this to be very sickening. Not only did he and the other juvenile murder someone, but they also committed a serious crime of burglary (www.law.cornell.edu).
In Roper v. Simmons there are two issues that must be addressed, the first being the issue of moral maturity and culpability. The defense in the trial phase of this case argued that Mr. Simmons was an at an age where he was not responsible enough to fully understand the effects and consequences of his actions. The majority draws on Atkins v. Virginia to argue that this specific precedent supports their case that the death penalty should not be imposed on the mentally immature or impaired. However, an important point to be made is that the Atkins v. Virginia decision is geared towards the clinical definition of mental retardation: significant limitations that limit adaptive skills. Also, another important question to consider is the competency and premeditation of Mr. Simmons’ crime in this case.
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.
The criminal case I have selected for this assignment is on Justin Morton; who at the age of fourteen years old Morton was the first youth convicted of first-degree murder section 231 CC. Although, The report show that the young man was raised in a healthy and supportive home with his mother and father. In spite of this, Justin expresses to his psychiatrist his impulse and desire for inflicting pain on others; he claims to have no remorse for the murder of Eric Levrack. Not to mention, He also voiced to former classmates that "Eric was annoying, always invading his space. "As a matter of fact, after the killing on April 1, 2003, Morton had turned himself in, he described the event as an open game of trust just before he strangled Eric with a belt.