The Death Penalty Sentence For Juvenile Offenders

2084 Words Aug 19th, 2016 9 Pages
The death penalty sentence for juvenile offenders is an intense issue that creates polarizing ongoing debates. An example of a case needing scrutiny is the Supreme Court of the United States’ decision in Roper v. Simmons, where the decision was made by one vote difference. In this case, however, the situation was complex, as the defendant was under the age of 18. So, based on the decision made by the court, I believe the case was decided properly based on the Legal Realism theory. I agree with the idea that the death penalty for juveniles is unconstitutional and cruel, the same way it is for an adult. It should not be applied for capital crimes, although murder should receive a serious punishment for public safety, unless the case was an accident, or defending something you hold dear or self-defense.
The 8th Amendment prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishment which are the most quoted reasons to abolish the death penalty with the 14th amendment’s due process clause. It might be agreeable that murder can be justified if something threatens your survival - you will do what it takes to survive, especially in these days of mass shootings and mass murderers in public places.
Catching someone in the act of physical or sexual abuse of another is also a point of contention when discussing the justification of murder. If a child is a victim of abuse and kills their abuser, how do we adjudicate that child? After…

More about The Death Penalty Sentence For Juvenile Offenders

Open Document