Death Penalty Applied to Juveniles
In 1643 a sixteen year old boy was put to death for sodomizing a cow.
Three hundred and fifty years later, sixteen states have legitimized the execution of juveniles. Four of those twelve states have lowered the legal age of execution to twelve. For whatever reasons the death penalty has been supported by the public since this country's existence. In this day and age of increasing violence, both juvenile and adult, it is time to re-examine the use of the death penalty as the ultimate solution to crime. The social repercussions of enforcing the state executions of juveniles far outweigh any of the benefits that may be gained.
The cry for the death penalty is most loudly heard when
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It has now become an ineffective means of deterring crime while in some cases actually acting as an incentive for crime.
The first reason the death penalty is an ineffective tool for law enforcement has to do with the hypocrisy surrounding the policy. Because the state is actively taking part in killing, the death penalty is seen as hypocritical by juveniles. It is of course, hard to believe that juveniles not murder when they regularly see it being done by the government with the apparent approval of society. This was supported when Victor Strieb stated that
"Now they see government officials struggling with a problem of their own, a person whose behavior is unacceptable to them. How do government officials solve their problem? They kill or execute the person who is causing the problem. Is it wrong to kill someone to solve a problem?...
It is akin to a lecture to children about the evils of smoking being delivered by a lecturer who is puffing on a cigarette." (Strieb 61)
The next deals with the lack of maturity that most juveniles show. Every juvenile is dealing with enormous amounts of stress everyday. It is these pressures that affect the deterrent effect of the juvenile death penalty. Each juvenile deals with this stress in a different way, however, because of this stress, many adolescents act impulsively at times. Henry Heft explains that
"Peer pressure and family environment subject adolescents to
One of the most controversial questions in the juvenile justice system today is, "Should the death penalty be applied to juveniles?”. A lot of people think that the death penalty for juveniles is cruel and unusual punishment and should only be used for adults. The crimes that juveniles commit are as dangerous and as violent as adult crimes. People argue that the adolescent brain does not mature until the late teens or early twenties, and that death penalty should not be the resolution. Some studies show that childhood abuse or neglect can causes the child to commit crimes when they grow to adulthood. Debate about the use of the death penalty for juveniles has grown more intense because of the crimes they are
Today, we live in a society faced with many problems, including crime and the fear that it creates. In the modern era, juveniles have become a part of society to be feared, not rehabilitated. The basis of the early juvenile justice system was to rehabilitate and create safe havens for wayward youth. This is not the current philosophy, although the U.S. is one of the few remaining countries to execute juveniles. Presently, our nation is under a presidential administration that strongly advocates the death penalty, including the execution of juveniles. The media and supporters of capital punishment warn of the "superpredator," the juvenile with no fear, remorse, or conscience. Opponents of this view encourage
The death penalty is a controversial topic in the United States today and has been for a number of years. The death penalty was overturned and then reinstated in the United States during the 1970's due to questions concerning its fairness. The death penalty began to be reinstated slowly, but the rate of executions has increased during the 1990's. There are a number of arguments for and against the death penalty. Many death penalty supporters feel that the death penalty reduces crime because it deters people from committing murder if they know that they will receive the death penalty if they are caught. Others in favor of the death penalty feel that even if it doesn't deter others from committing crimes, it will eliminate
When it comes to kids, we tend to baby them. We organize their lives and set limits on everything. If they want to do something outside those limits we tell them they are not old enough or they have not experienced enough of the world yet. After all, what can they possibly know about love, major decisions, and what is best for them? Yet somehow, despite all this, when they commit a crime we turn into hypocrites. Magically, they are geniuses who know everything about the world. In society’s eyes, they are no longer a child, but a monster.
Supreme Court ruling Graham v. Florida (2010) banned the use of life without parole for juveniles who committed non-homicide crimes, and Roper v. Simmons (2005) abolished the use of the death penalty for juvenile offenders. They both argued that these sentences violated the 8th Amendment, which prohibits cruel and unusual punishment. While these landmark cases made great strides for the rights of minors passing through the criminal justice system, they are just the first steps in creating a juvenile justice system that takes into consideration the vast differences between adolescents and adults. Using sociological (Butler, 2010) and legal (Harvard Law Review, 2010) documents, this essay will explicate why the next such step to be taken is
One of the most controversial issues in the rights of juveniles today is addressed in the question, "Should the death penalty be applied to juveniles"? For nearly a century the juvenile courts have existed to shield the majority of juvenile offenders from the full weight of criminal law and to protect their entitled "special rights and immunities." In the case of kent vs. United states in 1996, Justice Fortas stated some of these "special rights" which include; Protection from publicity, confinement only to twenty-one years of age, no confinement with adults, and protection against the consequences of adult conviction such as the loss of civil rights, the use of adjudication against him
The United States was the only country in the United Nations (UN) to oppose the abolition of the life without parole sentence for juveniles. The US was also the only country in the UN known to sentence juveniles to life imprisonment without the possibility of parole, that is until the 2012 Supreme Court Ruling that mandatory life without parole sentencing for juveniles was deemed unconstitutional (Agyepong 83). Life without the possibility of parole for minors is a very controversial and sensitive subject, with overall speculation that such a stance violates the Eighth Amendment by virtue of its nature as cruel and unusual punishment for juveniles. To argue for the claim that minors are not culpable for their actions and that the mandatory life
Thirteen-year-old boy, Cristian Fernandez of Jacksonville, Florida was born on January 14 of 1999 to a mother who was as old as he is today. On March 15 2011, he was arrested relating to the alleged beating of his 2-year-old brother, David. At the time of his arrest, David was under care of St. Luke’s Hospital, receiving treatment for injuries he sustained the day before. It states that Cristian shoved his 2-year-old brother against a bookshelf, causing the young child to have severe head damage. Cristian’s mom, who was only 24 at the time, arrived at the apartment to reveal what happened just moments before. However, it states that his mom did not even call the police or take her son to the hospital
As I entered the juvenile detention facility on 150th, I began to wonder about the female detainee I was going to interview regarding placement. I am sitting in a locked room with a desk, two (2) chairs and a large plexie glass window. As the staff arrived she was accompanied with Farouka (the name has been changed to protect confidentiality). Farouka is a 14-year-old Caucasian/Hispanic female small in stature, wearing county "blues" (issued clothing). She appeared fearful and teary eyed. She has been detained and adjudicated due to strong-armed robbery. Farouka was involved with two other young people in robbing another 14-year-old in front of a 7-11 convenient store. They beat and kicked the victim and stole approximately
Should the death penalty be given to minors? The two groups against this issue, are the religious and medical groups. They believe they are too young to know what they have done. The medical groups believe adolescents are less developed than adults and should not be held to the same standards. . The opposing side, held mostly by state officials, feel if they are old enough to commit the crime they, old enough to get the punishment, including death.
A 16 year old boy is at the peak of their adolescent life, learning and discovering about puberty, maturity, right and wrong and future life goals. On the other hand, a man of 25 has matured, lived long enough to have made both good and bad judgments and has already been in the process of achieving those life goals they once thought of as a teenager. In a given situation, is it ethical to hold these two age groups, with mentalities that are worlds apart, to the same standards and punishments in the justice system? Until Roper v. Simmons in 2005, the justice system did just that, treat the actions of 16 year old with the same consequences as if they had been committed by an adult. In Roper v. Simmons the United States Supreme Court declared
Is sentencing juveniles to life in prison as if they are adults suitable and fair? Many of these authors believe that they should not. It is a concoction of very well explained reasoning. Of course I would select the side which I trust that is precise. The one I truly do concur with would be Garinger. I concur with this individual inasmuch as, she is accurate with the resolution she came up with. We as human beings, ponder that everything we do is perfectly exquisite. Is it true that we often do make mistakes without thinking them through, or are we this “quintessential” decision making person?
Is it ethical to put an adolescent on death roll to get the death penalty? In 1993, Christopher Simmons murdered a woman after breaking into her house. He along with two friends abducted her and threw her into a creek. Simmon’s got his friend’s to help assist in this crime because he thought since they were minors they would get a slap on the wrist and nothing serious would happen to them. In 2004 the Supreme Court started to review whether or not it was “cruel and unusual punishment” to execute teenagers under the age of 18. On March 1st, 2005, executing teenagers became unconstitutional by the Supreme Court. Should teenagers be responsible for their harsh actions, or should we go easy on them because of undeveloped frontal lobes that impair
Do you get scared when you hear the word “death”? The capital sentence is a delicate subject to discuss especially involving juveniles. Nineteen states in the United States allow juvenile delinquents to be sentenced to death. The death penalty should be a punishment for juvenile delinquents who commit capital crimes in all states. By defining the issue of the death penalty as sentencing for juveniles is just punishment for capital offences , by refuting the counterarguments that the death penalty is not humane and/or acceptable and by providing sound arguments and documented research one will be persuaded that the death penalty as punishment for juvenile legal should be legal in all states.“Old enough to kill, old enough to die” (Drizin,
The punishment of juvenile criminals, specifically those between the ages of 13 and 18, in the event that they commit crimes of murder, is not severe enough. Minors between these critical ages in the teenage life who commit crimes of murder should be prosecuted as adults in all situations and locations.