Cj140: Introduction to Constitutional Law

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Unit 9: Final Project Joe Sloppner CJ140: Introduction to Constitutional Law Instructor: Irene H. Gainer, R.N., J.D. June 17, 2009 In the case Roper v. Simmons (03-633) 543 U.S. 551 (2005), is where a 17 year old, Simmons had planned and committed capital murder. After turning 18 years old, he then was tried and convicted with and imposed sentenced to death (Findlaw, 2009). Simmons filed a petition for state post conviction relief saying that under the Eighth Amendment, it is cruel and unusual punishment to execute juveniles. Under the Fourteenth Amendment, it prohibits the execution of mentally retarded people. The issue at hand is the standard of decency to help mark the progress of society. This issue will help determine which punishments can be sentenced with out it being cruel and unusual punishment. The Supreme Court of the U.S. affirmed that it is cruel and unusual punishment to impose the death sentence on a juvenile who has committed a crime under the age of 18 through the Eighth and Fourteenth Amendment (Cornell, 2009).The reasoning for the rejection of the death penalty on juveniles is that can not be classified as being the worst of offenders. Juveniles are way too vulnerable to conduct in behavior that is too immature and irresponsible (Cornell, 2009). This suggests that juveniles are way too influenced by their immediate surroundings, giving them a lack of control and immature behavior. With in a society, juveniles are still trying to define who they are and understand themselves. On March 1, 2005, the U.S. Supreme Court held: The Eighth and Fourteenth Amendments forbid imposition of the death penalty on offenders who were under the age of 18 when their crimes were committed (Cornell, 2009). Reference: FindLaw, (2009). Findlaw.com, Criminal Law: Juveniles and the Death Penalty. Retrieved June 15, 2009 from
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