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How Does Roper V. Simmons Violate The 14th Amendment

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Roper V Simmons involved a juvenile (Christopher Simmons) who committed murder and got the death penalty. Christopher Simmons had the desire to commit murder and thought since he was a minor he would get away with the crime. On September 8th , Christopher Simmons, Charles Benjamin, and John Tessmer met at 2 am and planned to rob and murder a victim, their victim ended up being Shirley Cook. The three found Mrs. Cook in her bedroom, they then proceeded to tie her up and cover her mouth with duct tape , after they drove her to the Meramec River and dropped her off the bridge leaving her to drown. Tessmer fled the scene and ended up testifying against Simmons. The next day at school , Christopher Simmons and Charles Benjamin got arrested in …show more content…

The eighth amendment is a protection for American citizens against “cruel and unusual punishment” and “excessive bail”. Roper v Simmons also violates the fourteenth amendment which addresses rights and citizenship, this became another hurdle in the case. The fourteenth amendment states “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws” , in Roper v Simmons the Missouri Supreme Court was close to depriving Christopher Simmons of his life. Since Roper V Simmons states have reevaluated their minimum age for death penalty, 30 states do not even have a death penalty or capital punishment anymore. Cornell Law has also argued that because of Simmons’s age he was mentally incompetent, at the age at 17 Simmons is not eligible to “drink, serve on juries or even see certain movies…” , this was very intimidating and scary to Simmons’s prosecutor. The prosecutor called Simmons’s age a “mitigating factor” in his

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Simmons’ life took a turn for the worse when he was just seventeen years old, and a junior in high school. Simmons’ and his two friends, Charles Benjamin

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Kaylee Woolery Mr. O’Rourke Political Issues Tuesday, April 18th Supreme Court Opinion In 1989 the case of Roper vs. Simmons, the US Supreme Court opposed the death sentence and decided against the death penalty for anyone younger than 18. They argued that his 8th amendment rights were being infringed resulting in cruel and unusual punishment for the execution of a minor. Christopher Simmons, a 17-year-old, was arrested and put on trial for the first-degree murder of Shirley Crook. Due to the fact that it was first-degree murder, he was sentenced to death.

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Case: Roper v. Simmons (2005) Rule of the Case: The decision in which the Supreme Court held that it is unconstitutional to impose capital punishment for crimes committed under the age of 18. Facts: In Missouri, Christopher Simmons, age 17, made a plan to murder someone and bring along two of his friends, and one friend ended up dropping out. The plan was to break in and enter, tie up the victim, and toss the victim off a bridge. The case was brought to trial with exceeding evidence. Simmons confessed to the murder, videotaped reenactment of the crime, and testimony from Tessmer, the friend who backed out, that premeditation was involved.

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In 1993, Christopher Simmons wanted to kill his neighbor, Shirley Crook. Why in the world would a young, 17 year old boy want to do something so evil? That was the question many

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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.

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With twenty-seven amendments in existence, each broadens protections that were not previously covered. Within these twenty-seven are several major ones that strongly influence the dynamic in which Americans vote. The fourteenth and nineteenth coexist in a manner that allows them both to strongly control who votes, and how. Ratified on July 9, 1868, the fourteenth amendment expanded citizenship to all born on U.S. soil and sought to expand national rights to all, regardless of race (Fourteenth). This amendment included the expansion of citizenship to anyone truly born in the U.S., regardless of who their ancestors were-granting citizenship to former slaves.

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Ind was arrested the next day in school when called to the principals office, after serious allegations by his fellow students, saying Jacob was talked about how he killed his parents and intends to commit suicide aswell. Jacob Ind

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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.

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The Due Process clause as outlined in the fourteenth Amendment states that a state cannot deprive an individual the right to life, property and liberty without a due process of law. This clause applies to school districts in which the school district must follow a procedure before dismissing a teacher or any district employees. The due process does not align the reasons for dismissal. These are found in the state statutes. In California, these are found in the Education Code.

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He also focuses his argument on the role of the courts by declaring that it is not their place to argue the matter of age, but instead to uphold the constitutional standard. Smith reasons in his argument that it should be up to the state legislatures to look at individual cases and determine what punishment would be best. Of the states that do allow the death penalty, the majority allow the application to people under the age of eighteen. Smith concluded his argument by stating that “maturity and sophistication are factors which vary from individual to individual” and that those factors, not a definitive age, should be the basis for the court’s decision to employ the death penalty for those under the age of eighteen (43). Justice Antonin Scalia agreed with Smith’s argument, confirming that, “executing people for crimes they commit when sixteen or older is not cruel and unusual punishment” (“Stanford v. Kentucky 1989”).

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The Bill of Rights is the most influential historical document because it is the basis of our human rights. The Bill of Rights was created after the Declaration of Independence was signed in 1776. The Founding Fathers realized that a set of “rights” should be written and approved in order to avoid arguments between citizen and citizen or citizen and government. James Madison took most of the lead when creating this document. He wrote out a list of all the rights that a United States citizen should have.

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Think about scorching hot, bubbling, popping boiling water. Dripping one by one into someone 's face or body. Think about all the pain one must be feeling getting tortured little by little till they speak. Should not drop down to this kind of inhuman act?

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Simmons the Supreme Court ruled that Ropers death penalty sentence be overturned. Even though his case was tried once he turned 18 he committed the murder at the age of 17. Therefore he was a juvenile at the time the crime was committed. The court argued that capital punishment is limited to a narrow category of the most serious crimes and juvenile offenders can’t be classified among those offenders. Roper v. Simmons, 125 S.Ct.

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With the ruling in Gregg v. Georgia (1976), the Supreme Court held that capital punishment for certain offenses did not constitute cruel and unusual punishment, thus deeming the death penalty constitutionally acceptable (Harr, Hess, Orthmann, and Kingsbury; 2015). Over the years, the Court placed limitations on the sentence. Beginning in 1986, the Court banned the execution of mentally ill individuals, and three years later rendered mentally retarded individuals ineligible as well. In 2005, the Roper v. Simmons decision excluded juveniles under the age of eighteen from receiving the death penalty on the grounds of cruel and unusual punishment (Harr et al., 2015). The courts limited the number of individuals and crimes warranting the death

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The Kennedy v. Louisiana case also restricted the death penalty to crimes in which the victim is killed, or cases of treason. The Atkins v. Virginia barred the execution of the mentally disabled. The Roper v. Simmons barred the execution of juvenile defenders.(Smith) The Ring v. Arizona case led the court to find that the sixth amendment supports that the death penalty decision must be made by juries, not judges. This ruling invalidated the death penalty laws of five states and possibly those of four

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