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Research Paper On The 8th Amendment Cruel And Unusual Punishment For Juveniles

1669 Words7 Pages

The Death Penalty and Life Imprisonment for Juveniles. Are there violations of the 8th amendment, cruel and unusual punishment? Kali Schweigert CRM 365 - Criminal Procedure Dr. Jennifer LaPrade 21 April 2024 The Death Penalty and Life Imprisonment for Juveniles The death penalty and life imprisonment can be a legitimate consequence for certain crimes that are committed. The death penalty and life imprisonment, under certain circumstances, are oftentimes not seen as unconstitutional for adult criminals, according to the Supreme Court. Both consequences do not violate cruel and unusual punishment; however, this constitutional consequence was questioned for juveniles. Juveniles could once be sentenced to life imprisonment …show more content…

This establishment made it unconstitutional for juveniles to be sentenced to the death penalty because it is a cruel and unusual punishment. The Supreme Court decided because of the original decision the Missouri State Supreme Court made in the Roper v. Simmons case that they could not leave it up to decide what could be considered cruel and unusual punishment in juvenile cases (Roper v. Simmons). Roper v Simmons was a decision made by the court that the 14th amendment ensures that the states should understand that it is a violation of the 8th amendment to sentence a juvenile to be …show more content…

The Supreme Court directly stated that, “We therefore hold that mandatory life without parole for those under the age of 18 at the time of their crimes violates the Eighth Amendment’s prohibition on “cruel and unusual punishments” (Miller v Alabama). Miller v Alabama is a landmark case in the juvenile justice system. It is a landmark case because it helps establish that juveniles cannot be sentenced to life in prison without the opportunity of parole, regardless of the crime they committed (Miller v Alabama). With cases like Miller v Alabama and Graham v Florida, the Supreme Court is emphasizing that juveniles have the time and capacity to change and develop their

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