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

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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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912 Words | 4 Pages

“Thump! The jury finds you guilty! Three life sentences without parole!” the young boys and girls that hear this sentence generally aren’t considered the best of kids, however locking away a juvenile for life takes much more thought than it takes to address this sentence to a legal adult. In “Locked Away Forever” by Patricia Smith the question is attempted to be answered, which is should juveniles receive life sentences without chance of parole?

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414 Words | 2 Pages

In July 2014, the United States Supreme Court issued that mandatory life-without-parole sentences for minors (seventeen and younger) convicted of homicide is unconstitutional in a five to four vote (2). The Court struck down statutes in twenty-nine states that provide a mandatory life-without-parole sentences for children (2). The lower courts are now instructed to conduct new sentence hearings where judges will have to take into account the individual characters, circumstances, age, and the events surrounding the crime (2). The court did not ban juvenile life without parole in all circumstances

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958 Words | 4 Pages

Simmons effectively affects the juvenile population and forbids state and federal governments from sentencing any offender who commits a crime under the age of eighteen to death. The death penalty in the case of juveniles is considered unconstitutional as it violates the Eight Amendment’s ban on cruel or unusual punishment (Gretey 565). This decision was arrived at due to scientific evidence that psychologically differentiates between juveniles and adults. Major differences between the age groups affirm that a minor should not be held to the same standards as an adult regarding punishment for crimes. The court concluded that the three crucial differences in maturity, predisposition to influences, and character traits between adults and children affect their accountability for crimes (O’Neill

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435 Words | 2 Pages

Supreme Court, Roper v. Simmons, 543 U.S. 551 (2005), stated that under the Eighth Amendment, the rejection of the requirement of the death penalty on juvenile offenders under 18 is required. Capital punishment should be limited to offenders that commit the most heinous crimes making them deserving of execution. Three general differences between juveniles under 18 and adults demonstrate that juvenile offenders cannot with reliability be classified among the worst offenders; Juveniles’ susceptibility to immature and irresponsible behavior means, their irresponsible behavior is not as morally inexcusable as an adult and in the case of Thompson v. Oklahoma, 487 U. S. 815, 835. A juvenile’s vulnerability and the relative absence of control over their immediate surroundings mean juveniles have a better claim than adults do, to be forgiven for the lack of ability to escape the negative influences of their environment. Should a juvenile commits a heinous crime, the State can take away some of the most basic freedoms, but the State cannot take his life and his opportunity to gain maturity and understanding of his own

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1427 Words | 6 Pages

The Missouri Supreme court decided to relook Simmons’s case and appeal to the death penalty sentence. In Roper v. Simmons the basis of the U.S. Supreme court’s opinion was held that it is brutal and disproportion to impose capital punishment for crimes committed while under the age of 18 years old. The decision was on the basis that the Eight and Fourteen Amendments forbids the death penalty on a person who was 15 years of age or younger than 18 years old when they committed their crime. The Court considered that sentencing juveniles under the age of 18 years old to death penalty was ‘cruel and unusual’ punishment therefore the Eight and Fourteen Amendment should be abolished when it comes to putting juveniles under capital punishment. According to The Heritage Guide to The Constitution (2017) states, “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted” (Forte, D.F., 2017).

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1065 Words | 5 Pages

The answer is yes, for the following reasons: murder,multiple time offender, and rape. Murder Murder is one of the biggest reasons why adults serve life sentences. So why not juveniles? There are many reasons why a juvenile commits murder: Mentally unstable, have been repeatedly molested/abused by a parent figure,and does not know how to handle society.

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128 Words | 1 Pages

For the past years there has been a debate on whether juveniles should be tried as life without parole or life with parole. In my opinion juveniles who commit first or second degree murder should not receive a mandatory sentence to life without parole. Although the juveniles are underage they are well informed of what’s right and what’s wrong, but some of them have difficulty understanding of what they are doing at the moment of the crime because they are angry and act before thinking clearly. I agree with the majority of supreme court justices who believe that mandatory life sentences are unconstitutional, unfair and inhumane because juveniles are immature, their brain is not completely developed, and they are unaware of long term impact

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519 Words | 3 Pages

There are many arguments to be made to abolish life in prison. But what if a juvenile murders a dozen people. Will someone say that the kid does not deserve life in prison? The type of crime they commit will also have a big role in their sentencing. Life in prison should be maintained for the murderers out in the world.

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761 Words | 4 Pages

One such ruling is Miller v Alabama, which banned life sentences without parole for juveniles. This decision recognizes that adults and children are different and should not be subjected to the same

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1528 Words | 7 Pages

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.

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741 Words | 3 Pages

Juveniles should be tried as adults with life without parole but only in certain cases: depending on their motive or modus operandi, their crime, and criminal background. Motivation Scandalous kids who commit crimes for unreasonable motives should most definitely have life without the possibility of parole. In some cases, they’re just doing what they think is best. Jacob Ind, a 15 year old from Colorado, was beaten and sexually molested by his step father. His mother abused him as well.

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842 Words | 4 Pages

There are certain instances of juveniles being tried as adults and sometimes ending up getting a life sentence without a chance of parole. I find that pretty harsh because there have been some cases where the juvenile meant no harm, they were either confused or brought along by gang members and they end up being charged along with the gang members for just being with them when a crime goes down. I believe that juveniles do not deserve to be given a life sentence because for one they are still maturing, they can learn from their mistakes and make amends, we still have to combat crimes like intended murder committed by a juvenile with extreme punishments especially if they are well over the age of 16. In the article published by the New York Times on March 14, 2012 “Juveniles Don’t Deserve Life Sentences”, Garinger discusses that juveniles deserve a second chance since their brains are still developing.

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582 Words | 3 Pages

In 2012, the Supreme Court ruled that it is immoral to give juveniles life sentences, even if they commit a crime as serious as murder, because it is a cruel and unusual punishment. This has been an issue in America as teenagers are often treated as adults in court due to a belief that their crimes warrant a harsh punishment. Many believe that these kids should not be given such major sentences because they are still immature and do not have the self control that adults do. I agree that juveniles do not deserve life sentences because they put less thought and planning into these crimes and they often are less malicious than adults. The article “Startling Finds on Teenage Brains” explains that the teenagers lose brain tissue that is responsible for self control and impulses (Thompson 7).

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1392 Words | 6 Pages

When people commit crimes, there should be disciplined no matter what. Juveniles need to learn that their behaviors have consequences. Why should kids be given any less of a punishment for committing the same crime? According to one author, “Taking a life is murder regardless of the age of the offender, and the penalties to be imposed must not discriminate. After all, the victim’s life will never be returned, and the family will permanently lose their loved one” (“7 Top Pros and Cons of Juveniles Being Tried As Adults”).

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729 Words | 3 Pages

Juveniles Justice Juveniles who are criminals being sentenced to life without parole can be shocking to some people. I believe if a juvenile is able to commit a crime, then they are able to do the time. The article “Startling finds on Teenage Brains” talks about how the brain can be different from the time you are teens to the time you are an adult. After, considering both sides on juvenile justice it is clear that juveniles should face life without parole because they did the crime so they can do the time. Also I believe the juvenile’s age should not influence the sentence and the punishment give.

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