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Roper Vs Simmons Research Paper

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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 …show more content…

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 …show more content…

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

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The punishment is just. Rights belive to be violated 8th amendment 14th amendment Rules: “567 U.S. ___ (2012), was a United States Supreme Court case in which the Court held that mandatory sentences of life without the possibility of parole are unconstitutional for juvenile offenders.[2][3] The ruling extended beyond the Graham v. Florida (2010) case, which had ruled juvenile life without parole sentences unconstitutional for crimes excluding murder”. Analysis: Both sides are in disagreement over whether or not the sentence violates the defendant 8th amendment.

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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.

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" His direct appeal and subsequent petitions for state and federal post-conviction relief were rejected. Following this, Simmons filed a new petition for state post-conviction relief. Simmons based his argument upon Atkins’ reasoning, that is, if “a punishment is "excessive," [it is] therefore prohibited by the Amendment, if it is not graduated and proportioned to the offense” Simmons argues that the Constitution prohibits the execution of an offender who is under the age of 18 at the time the crime was committed. The Missouri Supreme Court agreed and set aside Simmons’ death sentence. Simmons was resentenced to "life imprisonment without eligibility for probation, parole, or release except by act of the Governor.”

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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.

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At the age of 17, Christopher Simmons planned and pursued his plan of kidnapping, tying up, and throwing his neighbor, Shirley Crook off of a bridge. Missouri attorneys claim that Simmons boasted about his plan of killing his neighbor. Thinking that he could get away with it because he was only 17 years old, which is not fair. But other attorneys claim that Simmons should not get the death penalty because it violates the 8th amendment. Considering Simmons still committed murder and put the innocent women to a cruel death, he should have been given the death penalty.

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The narrative begins in 1993 with the sickening murder of Shirley Crook by seventeen-year-old Christopher Simmons. The Missourian had plotted to, “… commit burglary and murder by breaking and entering, tying up the victim, and throwing that victim off a bridge” (543 US 551, at 556-57). When the disfigured body of Mrs. Crook was located, authorities arrested Simmons who quickly confessed to the killing and was sent to court to be tried as an adult. During the trial, both the prosecutor and defense applied Simmons’ age as a justification for their arguments. The defense stated that Simmons’ age was a mitigating factor, citing several legal limitations on the capabilities of minors and in opposition, the prosecutor argued that it was actually

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So the court then deemed that capital punishment can’t be given to anyone under the age of 16 no matter what the crime is. Basically the Eighth Amendment was interpreted to have that no one under the age of 16 shall have the death sentence in the United States since it a cruel punishment to give to a minor. In addition, the next evidence brings up Penry v. Lynaugh. Johnny Paul Penry was a mentally disabled person who had the mental age of 7.

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Virginia, 2002)case was argued in the Supreme Court in 2004 because is a case in which the Supreme Court of the United States 6-3-that executing people with intellectual disabilities violates the 8th Amendment that ban cruel and unusual punishments, but states can define who has intellectual disability (mental retarded).According to the court report, Christopher Simmons committed this crime at age seventeen. The eighth amendment’s state protects people with disabilities, therefore Christopher Simmons Case was reopened and the death penalty was taken off the table but given life in prison for the murder he committed. (Atkins v. Virginia, 2002) In my opinion, I clearly respect the court’s ruling, a person or person’s being young does not think about what he or she does before doing it. I am not asking to give juveniles a pat on the back for the heinous crimes they commit but consider their environment, cultural background, mental status, religion, poverty and etc.

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The interpretation of the Eighth Amendment has been changed throughout history in terms of who receives the death penalty, why it is applied, and how it is carried out. In the case, Atkins v. Virginia, Daryl Atkins was sentenced to death, but later was found to have a mental deficiency. When taken to a higher court, the defendant used the case Penry v Lynaugh as a precedent which contributed to the final 6-3 decision favoring Atkins. This illustrates that any person that commits a crime that is usually ruled as a death sentence, but has a mental deficiency, cannot be sentenced to death.

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