Abstract
Life without parole for minors has been ruled as a form of cruel and unusual punishment. There are multiple cases that will be talked about in the paper to explain why it is considered cruel and unusual, as well as the importance of each of these cases in relation to one another. Another important aspect that will be looked at is the resentencing of individuals who were sentenced to life without parole who now need to have their cases reviewed. These few important cases make a large impact on the criminal justice system every day. Key words: Cruel and unusual punishment, life without parole, resentencing.
Throughout the years there have been a few landmark cases involving the sentencing of juveniles to life
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The first of the three differences are that juveniles are immature and don’t have a sense of responsibility. Secondly, juveniles are easily able to be swayed and listen to any peer pressure that is surrounding them. Lastly, the personal characteristics of a juvenile aren’t completely put together as well as adults are, leading to these individuals who commit a crime while they are a juvenile to be less eligible for the death penalty (CITATION).
Graham v. Florida 130 S.Ct. 2011 (2010) Five years after Roper v. Simmons, this case decided that it is unconstitutional to give a non-homicide juvenile offender a sentence of life without parole without the chance of being able to mature and obtain rehabilitation if necessary (CITATION). A brief overview of this case involves a sixteen-year-old and three accomplices attempting to rob a restaurant. Graham was then prosecuted as an adult to the crime in which he pled guilty to and the result was that he received three years of probation. During his time on probation he was arrested again for armed burglary and attempted armed robbery. Because the crime was committed in Florida, he could either receive a minimum sentence of five years or a maximum sentence of life without parole. He was sentenced to the maximum for each charge which in turn was a sentence of life without parole.
Garinger was a former juvenile court judge, so Garinger is a very credible source when it comes to the topic of juvenile criminals. To support Garinger’s credible usage of ethos, he demonstrates that in 2005, Supreme Court acknowledged that even though juveniles have committed terrible crimes such as homicide “juvenile offenders cannot with reliability be classified among the worst offenders” (6). This technique of providing the opinions of Supreme Court helps build Garinger’s credibility, and even more so that he is was a former juvenile court judges, so he most likely has a personal relationships with the Supreme Court. Readers feel sympathy to any juvenile who have been charged as adults and been sentenced to life without parole.
Gail Garinger in the article, Juveniles don’t deserve Life Sentences,claims that juveniles should not get a life sentence. Garinger supports her claims by first lists teens and young adults that have done terrible crimes. She then describes homicide as the worst crime,but explains how the Supreme Court won't give juveniles a life sentence for it. Lastly, the author explains how criminologists promoted a superpredator but how it never came to be. Garinger’s purpose is to inform people how kids don't deserve life sentences in order to inform people that they still have so much to live for. The author writes in a formal tone for the readers. This work is significant because it informed me on all the lives that have gotten life sentences.
Brown, Dontae, and Adele Birkenes. "Life sentence: is life without parole for juveniles cruel and unusual punishment?" Current Events, a Weekly Reader publication 23 Apr. 2012: 7. General Reference Center. Web. 16 Nov. 2015.
Chapter 16 begins with Stevenson saying that in 2010, the Supreme Courts ban sentences of life without parole in non-homicide cases for juveniles. Several years later the EJI fights for Evan Miller and Kuntrell Jackson seeking a ban on sentences of life without parole for homicide cases of juveniles. They win both of the cases and help possibly 2,000 other people in the process. They are able to reduce several sentences of young people due to jury manipulation and failure to allow evidence of pertinent experiences. EJI’s success is slowing down the execution rate in Alabama.
The author of this article is Kallee Spooner is a PHD candidate at Sam Houston State University. Currently she works on a National Institute of Justice study as a Doctoral Research Assistant. Her focus is corrections, juvenile justice, and legal analyses in criminal justice (S.H.S University). In her article, “Juvenile Life Without Parole,” Spooner addresses the punishment of Juvenile life without parole and questions its constitutionality. She begins with raw numbers, including which states have the most juvenile serving LWOP. Further discussed are the facts that 98% of JLWOP inmates are male, and that black youth are 10 times more likely to receive the sentence than white youth. In terms of severity, LWOP is significantly harsher for
Juveniles should not receive severe adult sentences for the murders they commit due to their underdeveloped prefrontal cortex not allowing them to fully process decisions and consequences at a young age. In fact, the prefrontal cortex is the part of the brain where decision making originates and does not fully develop until the age of 25. Furthermore, sentencing a juvenile as an adult while they are at an impulsive age and subject to peer pressure is resulting to cruel and unusual punishment as defined in the eighth amendment of the United States Bill of Rights. Eventually, imposing an adult verdict over a juvenile would inhibit a proper rehabilitation for the convicted juvenile. Hence, it is recommended that states that currently have life without parole or the death penalty laws, ratify a new law for juvenile convicts for proper sentencing and rehabilitation.
The truth of the matter is a "kid", "teens" or however you want to call it; are not a grown ups we aren't given the same rights as grown-ups and majority of the time are ignored because we ar not grown-ups; however when it come to crimes we are most definitely taken into considerations. After considering both sides of the debate on juvenile justice, it is clear that juveniles should not face life without parole for the reason that we aren't taken in consideration most of the time as well as our immaturity.
On December 17, 1992, 15 year-old Jacob Ind went to school after having murdered his mother and stepfather in the early hours of that morning. In an interview with Frontline he recalled, “I remember I was sitting in the police station and this is how out of touch of reality I was. I had a small amount of marijuana, like an eighth of an ounce, in my bedroom. And I 'm telling my brother, 'You got to get the marijuana or else I 'm in trouble” (Profile Jacob Ind). His attorneys contended that he was acting in self-defense, claiming that the murders were the climax of years of insult by his parents. On June 17, 1994, he was convicted and handed a mandatory sentence of lifetime without parole. This is just one of many life experiences of juveniles sentenced to life without parole in the U.S. There have been many other instances where the juvenile was not the real murderer, but was however given the lifetime without parole sentence. In those instances the defendant would have been convicted of felony murder, in which the defendant could have just been an active participant in a crime during which a murder was committed and consequently, spend life in jail without parole. Felony murder came into play in the case of Devon and Jovon Knox, in July 2007, the 17-year-old twins set out to steal a car together (Sentencing Juveniles). During the car jack, one of the brothers shot and killed the car’s owner. The panel could not decide which brother pulled
Indent-The American Juvenile Justice System has been develop (developing) for over the past century that has differ from the ordinary adult criminal justice process. The juvenile Justice system was established to help rehabilitate and make sure juvenile offenders get another chance in life. Many juveniles are still held responsible for their actions, but society protected them from informal justice and focused more so on emphasis on care, treat and being rehabilitated. During this paper I will discuss three important cases throughout history that involves juveniles and what case is important in the development of juvenile justice case.
As more minors are committing violent crimes, the question of whether they should be tried as adults has arisen. Children as young as 13 or 14 are committing violent crimes such as murder, rape, and armed robbery. Some of these children are being tried as adults while others are being tried as juveniles and receiving milder punishments. A juvenile offender may receive a few years in a juvenile detention facility and possibly probation following his release at age eighteen. An adult committing the same violent crime will receive a much harsher penalty, often years in jail, possibly a life sentence, with little or no chance of parole. The only difference between the two offenders is the age at which they committed the crime. Juveniles over
First, the Supreme Court cited juveniles lack the maturity to fully understand the consequences of their actions, and they have an underdeveloped sense of responsibility so punishment for their actions is not a likely deterrent (Flynn, 2008). The next difference is juveniles are highly susceptible to negative influences induced by peer pressure, and juveniles lack the problem-solving skills to extricate themselves from felonious situations (Flynn, 2008). Finally, the Supreme Court acknowledges adolescents and juveniles have a greater chance for rehabilitation than adults (Flynn, 2008). Therefore, the Supreme Court ruling established children and adolescents possess reduced culpability for the crimes they commit, and the death penalty for juvenile offenders is unconstitutional under the Eighth Fourteenth Amendments (Flynn, 2008).
Various scholars have determined that, “life without parole is examined as a form of death penalty, namely, death by incarceration as distinct from death by execution” in order to determine the difficulties that juveniles face when not given the option to serve their sentence through probation or parole (Johnson, Mcgunigall-Smith 2008, p.
The Supreme Court reviewed the constitutionality of mandatory life sentences without parole enforced upon persons aged fourteen and younger found guilty of homicide. The court declared unconstitutional a compulsory sentence of life without parole for children. The states have been barred from routinely imposing sentences based on the crime committed. There is a requirement for individual consideration of the child life circumstance or the defendant status as a child. The court rejected the definite ban on life sentences without parole. This is because in some cases the instances may be uncommon, but jurors
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
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