Roper Vs Simmons Research Paper

Historical Tradition Changes: New Policy on the Death Penalty for Minors

Brenda Nevarez

CJ 523-Unit 2

23 October 2017 Roper v. Simmons In the case of Christopher Simmons at the age of 17 committed a capital murder. The state charged Simmons with burglary, kidnapping, and stealing. Due to his charges Simmons was sentence to the death penalty. However, Simmons appeal but was rejected every time. In 2002, the Missouri Supreme court waited Simmons execution while the U.S. Supreme court decided Atkins v. Virginia, a case that involve with the execution of the mentally disable (Scott, C.L., 2005). When the U.S. Supreme court ruled in favor that the execution of a mentally disable individual violates the Eight and Fourteen Amendment on the

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). Based on the Eight Amendment Simmons argue the death penalty is a disproportionate punishment for Juveniles under the age of 18 years old. Juveniles being executed under the age of 16 year old base on the time they

Jr., 2017). With this Amendment depriving a juvenile from the possibility of appealing from the death penalty it deprives a person from their life and liberty. In the case of Atkins v. Virginia due to the Eight and Fourteen Amendments the courts did not allow the execution of a person who was mentally disabled. In regards to Simmons case the Supreme Court argue just like in Atkins v. Virginia individuals with mental retardation should also be implemented to juveniles where the death penalty should not be a form of punishment. The Court establishes three criteria that differentiate juveniles from adult and from the high risk offenders. First, juveniles are less developed and responsible than adults where in which they are more prone to engage in delinquent behaviors. Second, juveniles are not fully developed mentally therefore are more prone to negative influences as well to peer pressure. Lastly, juveniles characters are not fully shaped like some adults are and in many instance their character can be compromised. However, the Court conclude that due to the criteria juveniles are less culpable