Juveniles And The Death Penalty Essay

Juveniles and The Death Penalty Essay
Juveniles and The Death Penalty *No Works Cited 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 ... Show more content on Helpwriting.net ...
The constitutionality of the juvenile death penalty reached a settlement in 1988 in the case of
Thompson v. Oklahoma when four Supreme Court Justices reached the conclusion that: persons
under sixteen years of age cannot be sentenced to death (Thompson v. Oklahoma, 1988). Justice
Stevens, Brennan, Marshall, and Blackmun considered these important issues as they were
deliberating on the case: (1) Does a national consensus forbidding executions of juveniles exist?; (2)
the extent to which the laws of other Western European nations prohibit or permit the execution of
juveniles, and the opinions of " respected professional organizations;" (3) the degree to which the
juveniles should be held responsible for their actions; (4) Whether the execution of juveniles
contributed to the retributive or deterrent goals of punishment; and (5) Whether the small number of
juveniles executed represents the "waton and freakish" application of the death penalty as
condemned by Justice Stewart in Furman V. Georgia (Furman v. Georgia, 1972: 2763, Thompson v.
Oklahoma, 1988: 487 U.S. 815). Following the decision, thirty eight states and the federal
government created statutes authorizing the death penalty for certain forms of murder and other
capital offenses ( Streib 1 of 2). Thompson v. Oklahoma held that no state within the minimum age
line within its death penalty can go below the age of sixteen. Presently, fifteen states have chosen
the min age of eighteen, four states have chosen
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Juvenile and the Death Penalty
Shayla S. Burris
ENG101
Dr. Ankerberg
March 6, 2007
Essay #2
Juveniles and the Death Penalty
Today, minors are using their age as a shield against capital punishment. Adolescents believe that
since they are not eighteen they will not be punished for the crimes they commit. The death penalty
is appropriate for juveniles in certain circumstances, such as murder and brutal crimes that are
considered capital offenses. The rate at which the death penalty is carried out, as well as
inconstancies in sentencing does not make it a deterrent. There should not be an age limit in all
capital offenses for those who could face the death penalty. Adolescents should know what he or she
are doing is wrong, and is a crime. An age limits does ... Show more content on Helpwriting.net ...
The vote was 5–3, Justice Kentucky not participating, and the fifth vote was cast by Justice O
'Connor, who concurred only because Oklahoma capital punishment law specified no minimum age.
In Stanford, O 'Connor and Kennedy supported the death penalty for defendants who were 16 or 17
years old at the time of the crime, and the four justices who had written the lead opinion in
Thompson dissented" (Latzer, Barry). Since juveniles are beginning to get more violent in their acts,
should the age be lowered? If a look is taken at the juvenile criminal statistics today and compare to
twenty years ago, a dramatic decrease would be seen in violent crime and an increased use of death
penalty sentences. For example, Professor Victor Strieb stated juveniles are one to two percent of all
people on death row in the United States. Throughout the history of juveniles sentenced to death, the
rate has been steady because it has fluctuated more than five percent. The history of the death
penalty for juveniles began around 1642 with the execution of Thomas Graunger. "Thomas
Graunger was executed in Plymouth Colony Massachusetts for a crime he committed when he was
sixteen years old. He was the first recorded juvenile in what for offenses committed under the age of
eighteen" (Randa, Laura E.). There were 343 executions of juveniles before the Supreme Court
repealed the death penalty. Therefore, what keeps the juvenile from assuming the responsibilities for
his

Sentencing of Juveniles
The Sentencing of Juveniles
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 ... Show more content on Helpwriting.net ...
Almost all juvenile offenders (ninety–eight percent) sentenced to death were males. The four cases
involving female juveniles were in the deep south (Mississippi, Alabama, and Georgia) and in
Indiana. The thirteen very young offenders (age fifteen at crime) were scattered across ten different
states. All sixty–nine juvenile offenders on death row were male and had been convicted and
sentenced to death for murder. More than three–quarters of these cases involved seventeen–year–old
offenders, and two–thirds of them were minority offenders. In contrast, eighty–three percent of the
victims were adults. Two–thirds of the victims were white, and nearly half were females. The
paradigm case of the juvenile offender on death row is that of the seventeen–year–old African–
American or Latino male whose victim is a white adult. (Streib).
Debate about the use of the death penalty for juveniles has grown more intense in light of calls for
the harsher punishment of serious and violent juvenile offenders, The cry for the death penalty is
most loudly heard when referring to it as a deterrent. According to Allen Kale, "it is estimated that
about 76% of the American public support the use of the death penalty as a deterrent, however that
support drops to less than 9% when referring specifically to juveniles." (Kale). Opponents believe it
fails as a deterrent and is inherently cruel and point to the risk of wrongful conviction. The

Death Penalty Effects On African Americans
Studies have also been carried out to explore whether the state's chronological use of the death
penalty to control African Americans has differentially affected African American and White support
for capital punishment beyond a possible geographical divide. Past studies have shown that public
opinion on national policy issues is shaped by distrust and opposition to government power
(Hetherington and Globetti, 257; Kinder and Sanders; Kinder and Winter, 441). Various studies have
concluded that groups are much less likely to support policies enacted by a government that they
distrust, principally if past policies have negatively affected them (Hetherington and Globetti 259).
In addition, Zimring argues that distrust of government should be ... Show more content on
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Death alone was not considered as enough punishment unless it was preceded by terror, torture and
public humiliation. The majority of Americans have long supported the use of the death penalty for
adults, but its use as a punishment for juvenile murders generates considerable debate (Vogel and
Vogel, 169). It is this difficult blend of history, opinion, policy, and fact that prompts one to consider
public perception toward the use of the death penalty for juveniles. Although there is a fair amount
of research that addresses public attitudes about the death penalty overall, there is only a small body
of literature that focuses on the public's perceptions regarding the appropriateness of the death
penalty for juveniles (Vogel and Vogel, 170). The first known juvenile to be executed in the U.S was
Thomas Graurger who was tried and found guilty of bestiality in 1642 (Hale). So far after that
execution, over 361 juveniles have been executed as reported by Streib which constitutes about 1.8
percent of the 20,000 confirmed executions in the U.S since 1608. Children within the ages of ten to
sixteen have all been executed and a whopping sixth–nine percent of these executions have been
African American (Streib). Later on, juveniles were guaranteed certain rights, but they still
potentially faced the same punishments, including the capital punishments as adults in the criminal
judicial system. In the 1980's, the Supreme Court was repeatedly asked to rule on whether the
execution of a juvenile offender was acceptable under the Constitution. Eddings v. Oklahoma was
the first case the Supreme Court agreed to hear based on the defendant's age Eddings was 16 at the
time he murdered a highway patrol officer. Without ruling on the constitutionality of the juvenile
death

Abolishing the Death Penalty Essay
Abolishing the Death Penalty
When taking a human life in response to a crime, a state is acting on behalf of all of its citizens.
Capital punishment is an expensive procedure with permanent ramifications. It is therefore very
important that the matter of capital punishment be seriously reconsidered. In order to protect all of
America's citizens, I recommend that congress approve a constitutional amendment that reads:
The states and the federal government shall not under any circumstances execute anyone. All
prisoners currently under sentence of death shall have the right to a new trial.
The reasons for such an amendment include the inherent immorality of capital punishment, its
inconsistent application and its unjustified costs. ... Show more content on Helpwriting.net ...
The same rationale that prevents us from using torture or corporal punishment should apply to the
death penalty as well. Amnesty International argues, "If today's penal systems do not sanction the
burning of an arsonist's home, the rape of a rapist or the torture of a torturer, it is not because they
tolerate the crimes" (Amnesty International 7). Reasoning that a murderer is deserving of death
simply mirrors the criminal's behavior. Amnesty International says, "If administering 100 volts of
electricity to the most sensitive parts of a man's body evokes disgust, what is the appropriate
reaction to the administration of 2,000 volts to his body in order to kill him?" (Amnesty
International 2). William J. Bowers observes, "Executions demonstrate that it is correct and
appropriate to kill those who have gravely offended us" (274). In addition, it is impossible for a
judge to administer justice to murderers of varying extremity in a just manner. How can we sentence
a one–time homicide convict to death at the same time as a mass–murderer?
Another reason that the death penalty is immoral is that the various methods of administering the
death penalty are inhumane. The gas chamber, which involves strapping the prisoner to a wooden
chair and pumping a sealed room full of cyanide gas, is excruciatingly painful. "The person is
unquestionably experiencing pain and extreme anxiety...The sensation is similar to the pain felt by a
person during a heart attack, where essentially the

The Middle Ages Were A Difficult Time For Children Essay
Juveniles have not always been viewed as a unique class in the criminal justice system. Between
700 to 1500 A.D., children were held accountable for any crime they committed (Bartollas, p. 3).
The special needs of juveniles were wholly ignored. The Middle Ages were a difficult time for
children. At very young ages they were expected to take on adult roles in the family. In many ways
children were treated as small adults. Parents and land owners assumed total control over children.
In the Middle Ages, if a child committed a crime their punishment was doled out by the adults in
their lives. If you stole a loaf of bread, the bread maker and your head of household would decide
your punishment. These Medieval traditions eventually led to the ideal of parens patriae or the King
as a father. This is the first time the idea of a governing body having control over children came
about. One of the earliest laws regarding juveniles and punishments was the exemption of
punishment for those under seven years of age. Children eight years and above were held
accountable for their crimes. This age range would change as the years flew by. Eventually the laws
in England changed and children between the ages of seven and fourteen were assumed accountable
for their crimes. At this stage in history punishments were based off of the severity of the crime–not
necessarily the age of the offender. If you committed a vicious or heinous act, your punishment
would be fitting, regardless of age. During

Pro Abortion Research Paper
Topic: Pro Abortion Names of All Coalition Members: LaCresha Blair, Jessica Bradford, Garrett
Thompson, , , Kaitlin Piekarsky, Richard White, Patrick Cronin, Abigail Zenman and Loryn
Ensminger, Autumn Minter Coalition Policy White Paper GOVT 2306, Fall 2015 I. Introduction:
Abortion the deliberate termination of a human pregnancy, most often performed during the first 28
weeks of pregnancy. Abortion is still legal in the United States because there are huge discrepancies
on what constitutes human life, although in Texas Anti–choice politicians are trying to outlaw
abortion at 20 weeks or earlier, making it more and more difficult for women seeking abortion to
find a safe clinic. This is interesting because the Roe v. Wade case of 1973 ... Show more content on
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("Texas Abortion Laws and How They Compare Nationally") While it is very important to have
safety measures and precautions in place, some of those requirements as stated in the HB2 are
unnecessary and could cause desperate women to turn to more dangerous methods to abort their
child. ("5 Ugly Facts About the New Texas Abortion Bill") One such policy is abortion clinics must
be located within 30 miles of a hospital, which can cause clinics that may have been conveniently
located or most easily accessible to be more difficult to access for those who live in less urban areas.
("5 Ugly Facts About the New Texas Abortion Bill") Furthermore, the process has now been made
lengthier, taking three days which, coupled with a greater travel distance creates a long,
inconvenient, and costly procedure which is why there is a greater chance of women attempting
abortion themselves through harmful methods that may end up harming the baby without
successfully terminating the pregnancy. ("5 Ugly Facts About the New Texas Abortion Bill") The
shorter window of opportunity, from the previous 24 week limit to the now 20 week limit can also
prevent the early termination of an unhealthy or abnormal fetus due to the fact that many of the tests
run to check the health of the baby are

8th Amendment Case Study
Graham vs Florida, 2010
Justice Carusone concurring,
This case presents an issue about the 8th amendment and the lack of specificity in the Constitution,
specifically pertaining to minors. Graham was a minor at the time of the armed home robbery in the
state of Florida. The Supreme Court has decided to revoke the punishment of life in prison without
possibility of parole. This is because the majority of Supreme Judges believe that the 8th
amendment is fundamental. "Excessive bail shall not be required... nor cruel and unusual
punishments inflicted." The definition of a cruel or unusual punishment is to be interpreted by the
reader, but the 10th amendment would also suggest that the definition is up to the states. This is
because the 10th amendment clarifies that, "The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the
people." This suggests that the people or their state representatives should vote to define parts of the
constitution that have interpretive parts. The 8th amendment is fundamental. This is easy to see
when you consider why the founding fathers most likely put this in the constitution. Back in the late
1700's people were punished in awful ways, most commonly whipping, ... Show more content on
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Simmons, Christopher Simmons committed capital murder and he was an adolescent at the time of
the crime, and the "Court ruled that standards of decency have evolved so that executing minors is
"cruel and unusual punishment" prohibited by the Eighth Amendment." according to Oyez.com.
This shows that the court feels that minors should be treated differently than adults. Sentencing
Graham to life in prison without parole, for only non homicidal crimes on his record is certainly
cruel considering his life just started. Throwing away his life this early is not acceptable, the eighth
amendment protects him from a punishment so severe for non homicidal

Capital Punishment
Juveniles and Capital Punishment 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 in subsequent ... Show more content on Helpwriting.net ...
After adopting these common laws, individual states made specific changes within the law. For
example, some states excluded juvenile court from the proceedings when crimes were severe. These
exclusions lead to my next subject on the methods of transferring juvenile cases to criminal courts
and in turn, makes it possible to sentence violent juvenile offenders the death penalty. The idea of
whether or not the death penalty should apply to juvenile violent offenders is only possible through
the transfer of juveniles out of the juvenile court and into the adult criminal court. Only then can a
guilty violent youth be punished to the full extent. As the number of certified or transferred cases
increases, the public recognition that juveniles can and do commit serious felonies also increases.
Essentially, youths who are transferred to criminal court are not so much helped out of the juvenile
justice system, as thrown out of it. There are three basic types of transportation methods. The first
one to be discussed is also the most common. This method is judicial waiver. Recently, states have
begun to integrate the age of criminal responsibility with jurisdiction of juvenile courts, for example,
some states grant jurisdiction to a particular age, usually between fifteen and sixteen while from
ages sixteen to eighteen (sometimes twenty–one) juvenile judges can transfer or certify

Bullycide: A Cause and Effect Essay
Donald and Jimmy were completely tired of their bully, Michael. He stood an entire foot taller than
both of them and was the master of intimidation. He forced them to do everything for him including
chores and homework. He also found it entertaining to punch and throw things at them. Little did he
know that this would all end very soon. One warm morning in the summer of 1946, the boys
brought the 11–year–old to a nearby pond.
They stood there in horrid as they watched Michael use his knife to carve a living turtle right out of
its shell along the shore. He was just heartless and as he leaned in to get a closer look at his
gruesome accomplishment, the boys hit him on the head with a bat. They continued to hit him again
and again and again, ... Show more content on Helpwriting.net ...
This is a result of the dog being trained to think that everyone that comes near him/her has an
aggressive attitude.
Getting bullied in school has a major influence on kids. They view the person bullying them in a
negative way. Because many kids today have similar styles, the kid being bullied will include
everyone that dresses or acts like the bully as a likely bully. "Sticks and stones will break my bones,
but words will never hurt me," will probably never ring true again. It seems that today skin and
bones heal a lot quicker than emotional wounds.
Being bullied for your entire childhood, or all throughout school, will inhibit you from growing up
to have a positive outlook on society. Bullied kids can grow up and become rebellious or uncaring.
It is one of the worst feelings to be singled out and have somebody ridicule or threaten you. When
you are a child, you don't have enough of life's experiences to deal with something like bullying in a
rational and sound manner. You decide the only way to end it all is to simply end someone's life.
Of course we've all been bullied or have bullied someone before. Obviously not all people who have
been involved in some form of bullying in their childhood have committed murder. In fact, there are
people who were involved with bullying their entire lives who don't end up committing any crimes
much less killing someone. Many of them share their experiences as an effort to send a positive
message to bullies and bullying victims

Contributions of Psychology to the Juvenile Justice System
INTRODUCTION The contributions of psychology to the juvenile justice system are important and
growing. In assembling this Handbook, however, our primary goal was not simply to overview most
of these contributions. Rather, we approach this topic with the view that psychology's most
important contributions to juvenile justice are interdisciplinary and empirical. One cannot expect to
make meaningful contributions to our legal system without recognizing the nature and structure of
applicable law. Within that context, however, are questions about why and how frequently
adolescents become involved in offending, how long they continue, what influences serve as risk
and protective factors, how such adolescents might be assessed and rehabilitated in relevant and
effective ways, and how important information about human development, assessment, and
intervention might best be conveyed to juvenile justice professionals. Many of these questions are
clearly interdisciplinary in scope. This Handbook provides relevant information from different
specializations within psychology, including clinical, developmental, educational, family, forensic,
and social. But it also includes perspectives from other behavioral sciences (e.g., sociology,
criminology), natural sciences (biology) and mental health professions (e.g., psychiatry, social work)
in the attempt to identify the most important sources of information to address the major questions
on which we focus. These questions are also

U7A1 Supreme Court Cases
U7A1 Supreme Court Cases Supreme Court Case #1: Tinker v. Des Moines Independent School
District (1969) Background: 1965 three students from Des Moines, Iowa (15 year old John Tinker;
his sister, 13 year Mary Beth Tinker; and a friend, 16 year old Christopher Eckhardt), opposing the
Vietnam War came up with a plan to wear black arm bands to their respective schools. The arm
bands were to serve the purposes of symbolizing a protest against the Vietnam War. School officials
got wind of the children's protest plans and created a policy that if student showed up at school
wearing black bands would be suspended and unable to return to school until they agreed to follow
the "no black arm band" policy. All three children still chose to wear the black arm bands to school
and all three were suspended from school. Issue(s): First Amendment (Freedom of Speech),
Fourteenth Amendment (Due Process) Court Decision(s): The Court ruled in favor of the students.
In accordance with the First Amendment, their actions were constitutional. It was not disruptive, nor
did it invade other's rights. However, this did not give unlimited freedom of speech to the students.
As long as they continued the "peaceful" protesting without causing distractions, they could
continue. Chief Justice: WARREN Legal Impact of the Decision: The new "no black arm bands"
policy at the schools did not prohibit all political symbols, but rather just singled out the black arm
bands used to support no involvement in

Controversial Issues Regarding Juvenile Death Penalty
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
in subsequent proceedings and disqualification of public ... Show more content on Helpwriting.net
...
Before the minimum age of 16 statutes, English Common law from the 16th Century had a direct
influence on the Constitution. This common law carried over to American statutes and established
the presumption that no one under the age of seven had the mental capacity to commit crimes,
therefore, they had no concept of mens rea or evil intent (Hale 23). In English Common L, Criminal
intent had to be proven in cases concerning offenders of ages seven to fourteen. This carried over to
become an American standard (hale 23). Only in cases of youth ages fourteen and over was it
possible to concede that they had the mental capacity to perform a crime with mens rea (Samaha
1993:295). After adopting these common laws, individual states made specific changes within the
law. For example, some states excluded juvenile court from the proceedings when crimes were
severe (hale 23). These exclusions lead to my next subject on the methods of transferring juvenile
cases to criminal courts and in turn, makes it possible to sentence violent juvenile offenders the
death penalty. The idea of whether or not the death penalty should apply to juvenile violent
offenders is only possible through the transfer of juveniles out of the juvenile court and into the
adult criminal court. Only then can a guilty violent youth be punished to the full extent. As the
number of certified or transferred cases increases, the public recognition that juveniles can and do

The Death Penalty Of Capital Punishment
America's criminal justice system is based on equality, integrity, and fairness. All criminals are
treated the same, given the same rights, and punished fairly based on their crimes. However, despite
that, there are many controversial topics regarding the criminal justice system, such as the death
penalty. Capital punishment has been used many times in history all around the world, and it was
quite popular. Many people argue that capital punishment is useful in deterring crime and that it is
only fair that criminals receive death as punishment for a heinous crime. On the contrary, others see
the death penalty as a violation of the 8th amendment. It restricts excessive fines, and it also does
not allow cruel and unusual punishment to be inflicted upon criminals. Although there have been
many court cases discussing capital punishment, there is still much confusion regarding whether it
violates the 8th amendment or not. Capital punishment is a very significant, and very controversial
topic that has been around for a long time; the death penalty is still being argued today, with
persuasive arguments on both sides.
Capital punishment has been around since the 5th century B.C., even existing in Ancient Rome's
laws. In the early days, the death penalty was used all around the world, in places such as Rome,
Athens, Babylon, and Britain. Methods of execution included hanging, drowning, burning, beating,
and beheading. Crueler methods included crucifixion, boiling, impalement, and

Roper V. Simmons Case Study
Roper v. Simmons Roper v. Simmons was a supreme court case that was decided in 2004 which
dealt with whether it is against the constitution, and falls under cruel and unusual punishment, the
execute someone who is under the age of 18. This case was particularly important as it dealt with
something that many people were against entirely: the death penalty. A variation of this issue was
decided nearly twenty years earlier in Thompson v. Oklahoma when it was decided in a five–to–
three ruling that it was not constitutional to execute anyone under the age of 16. There have also
been many other landmark cases that have challenged the constitutionality of the death penalty for
certain parties such as in Atkins v. Virginia which was decided just three ... Show more content on
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Justice Scalia was one of these people. According to Deathpenalty.org, Justice Scalia, "also
dissented, arguing that the Court improperly substituted its own judgment for that of the people in
outlawing executions of juvenile offenders. He criticized the majority for counting non–death
penalty states toward a national consensus against juvenile executions." Deathpenalty.org also points
out that Justice Scalia disagreed with the way in which those who voted yes used international
affairs as a way in which to confirm their findings. Justice Scalia also criticized the use of less than
half of the U.S. states opinions as a majority opinion saying, "Words have no meaning if the views
of less than 50% of death penalty States can constitute a national consensus." (case.findlaw) Justice
O'Conner also dissented. According to death penaltyinfo.org Justice O'Conner, "dissented,
criticizing the Missouri Supreme Court for failing to follow the precedent established by the U.S.
Supreme Court in Stanford." Deathpenalty.org also goes to point out that while Justice O'Conner
also "argued that the difference in maturity between adults and juveniles was neither universal nor
significant enough to justify a rule excluding juveniles from the death penalty." Though sharing the
same opinion as Justice Scalia, Justice O'Conner did disagree with him about the importance of

A Landmark Surgery
At approximately 10:30 AM on the 19th of October 1927 Carrie Buck was escorted back to her
room to begin the short recovery period she was required to take after having had an inch of flesh
removed from each of her Fallopian tubes with the loose ends then being professionally and caringly
cauterized and sutured closed. This woman had just undergone a landmark surgery, not because of
the highly technical aspects of the surgery, or anything of the sort, but rather because the entire
procedure had been performed against her will. Following Carrie out of the operating room was Dr.
John H Bell, the superintendent of the Virginia Colony for Epilectics and Feebleminded, for whom
this case marked a victory in the three year legal battle which ... Show more content on
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It is in other countries where we are most familiar with the process, most specifically Nazi Germany.
The efforts of the Third Reich to create a genetically superior race of Aryans was another example
of the application of eugenics (Leuchtenburg 12). The most basic tenant of this practice is the
premise that 'weak ' parents will lead to weak offspring, who will in turn produce more of the same
genetically deficient specimens and in time degrade the integrity of the entire human race. Upon
entering the legal battle that would decide who had the right to preside over her reproductive
decision, Carrie Buck knew that the outcome of the case would not only have an effect on her future
but that of thousands of others who were having their rights brought into question as well. Beyond
merely giving the go ahead for her own sterilization, the loss of the case would bring about a new
set of legal justifications for the systematic, controlled extinction of those who were not considered
of the ideal genetic makeup. This wasnt just a fight for an individuals freedom, it was a fight for
equality as promised by legislature that even then threatened to strip away what it had promised in
its governing documents. The official name of the case is Carrie Buck v John Hendren Bell
Superintendent of State Colony for Epilectics and Feeble Minded. It was introduced into the
Supreme Court in April of 1927 and decided the 2nd of the

The Punishment Of The Death Penalty
The 2005 decision made in Roper v. Simmons' declared that the crimes committed by people under
the age of 18 would not be punishable by death. Because of this the United States Supreme Court
challenged the constitutionality of the death penalty for juveniles. Whether the decision was
appropriate or not is still under intense debate to this day. "A primary purpose of the juvenile justice
system is to hold juvenile offenders accountable for delinquent acts while providing treatment,
rehabilitative services, and programs designed to prevent future involvement in law–violating
behavior (Cothern, 2000)". This research paper will focus on the history of the death penalty, the
concept of juvenile offenders receiving the death penalty, and analyze whether or not it should be
permitted. Death penalty laws date back as early as Eighteenth Century B.C. The punishment of
death was categorized for 25 different crimes, although murder was not one of them, according to
the Code of King Hammurabi of Babylon (Introduction to the Death Penalty, 2005). As time went
on plenty of codes and rulings were made for which death was the leading punishment for crimes.
The death sentences were carried out by means such as drowning, burning alive, impalement,
beating to death, and crucifixion (Introduction to the Death Penalty, 2005). Soon after the Tenth
Century A.D. came to pass, hangings became a much more popular method of executions in Britain.
The United States was influenced greatly by

Constitutionality of the Death Penalty
Constitutionality of the Death Penalty
Case Law and Prosecution
There has been much controversy concerning the death penalty both within society and the judicial
system. Courts throughout the nation have waivered back and forth on the subject. Several times in
various states the death penalty has been abolished, re–instated, and vice–versa. From 1976 to
present day the death penalty has been in effect federally, but that does not mean that the law will
remain in place for good. There are still several issues concerning the death penalty; such as the
method upon which death is inflicted. Other issues include whether or not juveniles and/or mentally
handicapped individuals should be considered for the death penalty, and the ... Show more content
on Helpwriting.net ...
Certainly this is one area of legislation that is very much a gray area. It is increasingly difficult to
discern what level of mental retardation constitutes being off limits with regards to capital
punishment. With advancements in science and the medical arena, there are constant discoveries
within the mental illness field as well, and there are several cases in which defendants only claim
some level of mental handicap after the crime has been committed. It is then up to a psychologist or
several psychologists to determine their level of mental competency. In the late 1980's, the Courts
addressed the issue of capital punishment in relation to juveniles. Many believe that it is not the
actual age of the offender committing the crime, but the mental capacity and awareness of the
individual. Hence, if a person is mentally competent to fully understand what he/she did, and the
repercussions of his/her actions, then the individual should be reprimanded the same way an adult
would. The Courts have come up with a more clear–cut method when dealing with juvenile
defenders. Determining the mental competency in 1988, Thompson v. Oklahoma (487 U.S. 815),
"Four Justices held that the execution of offenders aged fifteen and younger at the time of their
crimes was unconstitutional." And in March 2005, Roper v. Simmons, the United States Supreme
Court declared the practice of executing defendants whose crimes were committed

Supreme Court Case: The Trop V. Dulles Case
The first case listed in our textbook is Trop v. Dulles that took place in 1958, this case is particularly
important because it developed a phrase that would be used in future cases that will be in favor of
correctional reform. "According to the Court, there existed evolving standards of decency that
marked the progress of maturing society". Although the next case that follows Trop v. Dulles doesn't
happen for another ten years, but it's very contradicting. In Witherspoon v. Illinois the Supreme
Court picked the jury very persuasively, only selecting members that were not against the death
penalty. Since they didn't want their decision making progress jeopardized. So they stepped in and
selected a jury that had simpler beliefs to their own. ... Show more content on Helpwriting.net ...
Georgia agreed more with Trop v. Dulles because they ruled that "the death penalty was arbitrary
and capricious and violated the prohibition against cruel and unusual punishment". Still proving to
be one of the most important cases of all time, because the Supreme Court ruled that the death
penalty was used unconstitutional not that the death penalty itself is unconstitutional. Proving that as
the years change so does the political views on the death penalty. Then a few more years went on
and in 1977 Coker v. Georgia ruled that the death penalty was unconstitutional for the rape of adult
women if she wasn't killed during the act. Which is contradicting Furman v. Georgia case, since the
death penalty is against cruel and unusual punishment. Most believe women suffer enough during a
rape and therefore that should be enough grounds for the death penalty of the perpetrator. Others
believes "rape deserves serious punishment, the death penalty, which is unique in its severity and
irrevocability, is an excessive penalty for the rapist who, as such and as opposed to the murderer,
does not unjustifiably take human

Death Penalty
THE DEATH PENALTY...ETHICAL? OR NOT?
Outline
1608 Captain George Kendall becomes the first recorded execution in the new colonies
1632 Jane Champion is the first woman executed
1767 Cesare Beccaria's essay On Crime and Punishment, theorizes that there is no justification for
the state to take a life
Late 1700's United States abolitionist movement begins
Early 1800's many states reduce their number of capital punishment crimes & build state
penitentiaries
1834 Pennsylvania becomes the first state to move executions into correctional facilities
1846 Michigan becomes the first state to abolish the death penalty for all crimes except treason
1890 William Kemler becomes the first person executed by electrocution
Early 1900's ... Show more content on Helpwriting.net ...
– In this view, punishment is required to "annul" the wrong done to the victim or "restore the
Equilibrium of benefits and burdens"
Teleology
–Aristotle, Plato & Socrates
–Moral choice is that which produces the best result or outcome is the "moral" choice
–focuses on good outcome, not obligation, duty, or process
–Goodness is the consequences of our behavior and not the behavior itself
–The concept of retribution is easily distorted in contemporary society
–Retribution is not vengeance
–Teleology is against the death penalty
Common Arguments for and against the death penalty
For:
– "The crimes of rape, torture, treason, kidnapping, murder, larceny, and perjury pivot on a moral
code that escapes apodictic [indisputably true] proof by expert testimony or otherwise. But
communities would plunge into anarchy if they could not act on moral assumptions less certain than
that the sun will rise in the east and set in the west. Abolitionists may contend that the death penalty
is inherently immoral because governments should never take human life, no matter what the

provocation. But that is an article of faith, not of fact. The death penalty honors human dignity by
treating the defendant as a free moral actor able to control his own destiny for good or for ill; it does
not treat him as an animal

Sentencing of Juveniles Essay
The Sentencing of Juveniles
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 ... Show more content on Helpwriting.net ...
Of the remaining children who are tried in adult court, forty percent get probation; only three
percent of juvenile offenders tried in adult court received longer sentences than they would have
been given in juvenile court.(Allinson). There are options available when sentencing juveniles,
before deciding on the ultimate sentence of death. Although, the alternatives discussed here are only
applicable to less violent offenders.
Traditionally, indeterminate sentencing is used in the juvenile system, which does not specify the
length of the sentence, correctional officials will decide when the offender is to be released.
However, due to the trend in harsh sentencing, some states have created determinate sentencing and
the sentence must be served in its entirety. Some mandatory sentences exist for serious violent
offenders. However, there will be offenders we cannot identify in time, those that commit acts that
cannot be attributed to a "child." This group of offenders will face incredible amounts of prison
time, or even pay with their life for the crime they committed.
Juvenile Death Penalty
The U.S. is part of only a handful of countries that allow the execution of juvenile offenders.
Currently, 38 states authorize the death penalty; 23 of these permit the execution of offenders who
committed capital offenses prior to their 18th birthdays. Victor

The Controversy Of The Confederate Flag Essay
Thompson 1
Flag Desecration
Matthew Thompson
Ponce de Leon High School
College Prep English
Terri Carroll
December 18, 2016
Thompson 1
Outline: Flag Desecration
Thesis: The controversy of the showing of the confederate flag is something huge. I. Flag
Background A. Desecration Labeled Misdemeanor B. Illegal Specifics C. Permit Burning II. State
Codes A. Individual State Laws B. Elements of the Flag C. Supreme Court Validation III. Bylaw for
Flags A. Broke Down Specifications B. Detailed Rules
Thompson 2
The controversy of the showing of the confederate flag is something huge. You have the bunch that
does not like the flag, and then there is the group of individuals the support and fly the flag with
pride. There are five states that have laws, in their own state, that state it is illegal to burn or deface
the confederate flag. On surface, these state laws would seem to conflict the 5–4 decision made by
the Supreme Court in Texas v. Johnson. The controversial case in 1989 that held up the burning the
flag as an act of protected free speech. (As it is stated under the First Amendment.)
?If there is a bedrock principle underlying the First Amendment, it is that the government may not
prohibit the expression of an idea simply because society finds the idea itself offensive or
disagreeable,? said Justice William Brennen in his majority opinion. ?We have not recognized an
exception to this

Trail Of Tears Research Paper
The Trail of Tears
In May of 1830 President Andrew Jackson passed the Indian Removal Act. This act was intended to
expand the Americas into Indian territory and then relocate them west of the Mississippi. The "Five
Civilized Tribes," that included the Seminoles, Choctaws, Chickasaws, Creeks, and the Cherokees.
All these tribes went voluntarily except for the Cherokee. The Seminole Indians originated in
Florida, and after the Indian Removal Act was passed, their town was attacked and driven out into
the nearby swaps, where they stayed for six years being hunted down. Throughout those years
Seminoles were captured, imprisoned and taken to the new Indian Territory. Then in 1832 the Treaty
of Payne's Landing was signed which surrendered the remaining Seminole territory, but the treaty
allowed the Seminole chiefs to inspect and approve the new land they would be settling on. As the
chiefs toured the proposed site they did not approve due to the Creek Indian's being located directly
next to their site. After the chiefs disapproved of the land, the government proceeded to force the
chiefs to sign the Treaty of Fort Gibson which forced the Indians to settle on these lands. Still after
the sign of this treaty they refused to leave their lands which resulted in the Second Great Seminole
War. The American government sent 10,000 soldiers to rage war on the Seminoles and win gaining
around 250 prisoners and transporting them to the new Indian Territory. Finally, in 1859 some 27

Capital Punishment Is The Ultimate Irreversible Denial For...
The uptick of capital punishment in the United States keeps on being a conspicuous issue is the
domain of the criminal justice system. Capital punishment is a matter in which numerous people
contradict and challenge as it a contemporary type of the death penalty. There have been numerous
studies attempting to demonstrate or object a point in regards to capital punishment. Some have
viewed capital punishment as a deterrent, which is the utilization of discipline as a danger to deflect
individuals from offending. Capital punishment has been credited to social orders for many years.
More recently, capital punishment has been addressed to be the right stride toward equity. Over the
span of this paper I will review if capital punishment is the ultimate irreversible denial for human
rights, the history, the profile of the types of person put to death or sentenced, the means and
methods of putting to death or sentenced to death, the issues associated with those methods, the
success and failures of the death penalty, and a few historical cases.
The roots of the death penalty laws can be traced back to ancient Babylonia and The Code of
Hammurabi which highlighted 25 violations that were deserving of death, yet humorously murder
was excluded. The death penalty, in what is presently America, was a feature of England 's
correctional framework that was received by the original states. The first recorded execution in the
British American Colonies was in the Jamestown Colony in 1608.

Crime And The Death Penalty
As generations pass by, more people are likely changing for the good or the bad. Changing for the
bad means that they would start committing crime because they are forced, influenced or potentially
to feel they will "never get caught". Firstly, crime is an action or activity that is not really illegal, but
considered to be wrong. Committing crimes is hurtful to the one committing crime and the victim of
the crime. This research paper consists of reasons and a further in cite on juveniles being sentenced
to the death penalty. Everyone feels bad for children, because they are posed as innocent. They don't
seem that innocent when they commit a heinous crime. The research will include the factors that
relate to juveniles committing crime, ... Show more content on Helpwriting.net ...
Often young children start getting involved in crime which leads to an unsuccessful future, filled
with committing offenses and becoming a young offender. A juvenile or young offender is a person
who has convicted or is cautioned about a criminal offense. This young offender can be a male or
female. ACS Distance Education researches have shown that some factors are likely to increase
youths becoming involved in committing offenses. Some of the risk factors which affect the youth
to committing crime are parental criminality, poor parental discipline, lack of supervision, family
conflicts, school disorganization, low family income, and having the opportunity for crime. Many
youth fail in school due to poor academic performance and poor attendance. Sometimes we cannot
blame the youth for their behaviors because many come from problems at home such as physical
abuse, neglect or abandonment. These are many of the few common factors leading to offenses
made by youth. Analyzing areas and districts have allowed us to conclude the least and most crime
rates. Shaw and McKay on p.21 show the rates of male juvenile delinquents in Chicago, 1900–1906.
The map shows that a high rate of crime committed were around the central business districts where
there is industry. Also, low rates of crime were shown in city's periphery where there is a rise in
industry. Studies indicate that there is a high increase of crime based on nationality. Delinquents
come from

Essay about Buck versus Bell
Buck versus Bell
During the early twentieth century, the United States was enduring significant social and economic
changes due to its transformation into a commercial and industrial world power. As the need for
labor escalated within many urban areas, millions of Europeans emigrated from Southern and
Eastern Europe with the hopes of capitalizing upon these employment opportunities and attaining a
better life. Simultaneously, many African–Americans migrated from the rural South into major
cities, bearing the same intentions as those of the European immigrants. The presence of these
minority groups generated both racial and class fears within white middle and upper class
Americans. The fervent ethnocentrism resulting from these fears, ... Show more content on
Helpwriting.net ...
In contrast to the "negative" eugenics position of the state of Virginia, involuntary sterilization laws
emphasizing breeding restrictions for society's "unfit" neither benefit the welfare of the individual
nor that of society for several moral and legal reasons. The legal validity of these involuntary
sterilization laws would be challenged within the Supreme Court case of Buck v. Bell. In September
of 1924, at the age of eighteen, Carrie Buck, an illegitimate daughter of an allegedly feebleminded
woman, was admitted to the Virginia's State Colony for Epileptics and the Feebleminded. Six
months earlier, the Virginia State Legislature decisively passed their involuntary sterilization bill
authorizing the Superintendents of five state institutions to petition for the permission to sterilize
inmates. Buck, who had a mental age of nine and an I.Q. of about fifty, had already given birth to an
illegitimate child herself, who was allegedly feebleminded as well. At the time, the Superintendent
of the State Colony, Dr. A. S. Priddy, petitioned for permission to sterilize this woman for fear that
Buck would have more mentally defective children. The statute had provided that each
Superintendent needed to receive permission from a special Board of Directors of that institution,
who would hear the grounds for sterilization and determine whether or not to follow through on the
operation. Priddy faced immense pressure from state officials to petition for sterilization, as

Juvenile Court Cases
There are a few court rulings that have had an impact on the juvenile courts. The case of in re Gault
Gerald Gault and his friend made some prank phone calls to a neighbor and she recognized their
voice and turned them in to the authorities. The two young men were arrested without notify their
parents and went to trail where without a witness or representation he was found guilty and
sentenced (Siegel, Schmalleger & Worrall, 2014). The Supreme Courts later decided that juveniles
are due the same process as adults as far as having a counsel, have witness present at trial and no
self–incrimination (Siegel, Schmalleger & Worrall, 2014). In re Winship set the standard for
reasonable doubt in juvenile cases, Thompson v. Oklahoma and Roper v. Simmons set the age that a
juvenile could be given the death penalty to 18 years of age (Siegel, Schmalleger & Worrall, 2014).
... Show more content on Helpwriting.net ...
Florida Terrance Graham was convicted and sentenced at the age of 16 for attempted robbery of a
BBQ restaurant, while out of probation shortly before turning 18 he violated his probation and the
judge sentenced him to life in prison which the Supreme courts turned that verdict and said it was
cruel and unusual punishment under the 18th Amendment (Lowry,

The Supreme Court Of The United States Essay
Introduction Have you ever wondered why the Supreme Court was founded and what does it do?
Our forefathers thought about how they wanted this country to be after fighting so hard to gain their
independence. So, they created and wrote the United States Constitution, a living masterpiece that
was designed to establish a strong government and yet flexible enough keep the "society's need for
order while protecting the individual's right to freedom". To ensure this protection by and for the
Constitution, the Supreme Court of the United States (SCOTUS) was established as the highest
court in America. As the final decision maker, the justices are the guardians and interpreters charged
with guaranteeing all the citizens of this great land of ours, the promise of "equal justice under the
law." In fact, word to that effect are above the main doorway into the Supreme Court Building.
However, it was not until 1803, that the Supreme Court administered their power of judicial review
by overturning laws/legislation that were deemed unconstitutional, stating they had taken an oath to
uphold the Constitution (The Court, 2016). The rest is history so to speak.
This paper focuses on the landmark Supreme Court decisions that have changed how our juvenile
justice system operates currently. Starting with the case Kent v. United States that got the juvenile
ball rolling on changing its procedures.
Kent v. United States The police detained a 16–year–old boy named, Morris A. Kent, Jr.

Death Penalty For Juveniles Essay
There is a big argument in this world that has many different sides to it. This argument is whether or
not we should include the death penalty for juvenile offenders. People argue that the death penalty
should be involved when working with juveniles. While others say that the death penalty should not
work against juveniles. I personally am against using the death penalty towards juvenile offenders. I
don't think it is right and it is something that we should think about eliminating. I do understand that
if a juvenile does a very bad crime that they should get punished, but I don't think we should go to
such extremes where we execute them for their actions, because there is still hope in their lives
because they are so young. Not very ... Show more content on Helpwriting.net ...
Virginia (1996) in this case Daryl Reynard Atkins and William Jones abducted Eric Nesbitt and shot
him 8 times. They both ended up testifying during Atkin's trial but each of them blamed the other for
the killing. In the end Atkins was the one who got charged because of his low IQ. He was later
charged for the killing and was sentenced to death. The Supreme Court of Virginia affirmed the
death sentence because he was sentenced to death as well as life imprisonment all just because of his
IQ score. The United States Supreme Court reversed this, it stated that "that the constitution places a
substantive restriction on the state's power to take the life of a mentally retarded offender." When
they reached this conclusion, the court relied on three reasonings: (1.) Prevailing standards of
decency forbid the execution of mentally retarded defendants; (2.) mentally retarded defendants " do
not act with the level of moral culpability that characterizes the most serious adult criminal conduct"
and therefore do not warrant a death sentence; and (3) mentally retarded defendants are less capable
of assisting in and securing the type of defense required in capital cases and therefore present an
increased chance of death sentences being placed on them. Even though they weren't the ones who
most likely committed the offense. There are facts that compel the conclusion that executing
juvenile offenders is cruel and unusual

Adults Vs Juveniles
In the case of Roper v. Simmons, Simmons was a seventeen–year–old teenager who committed a
grotesque premeditated murder (Cornell University Law School, 2005). Subsequently, nine months
after the murder Simmons turned eighteen, and the state of Missouri prosecuted Simmons as an
adult, and he was convicted of murder and sentenced to death (Cornell University Law School,
2005). From the police reports and testimony, it was apparent Simmons was the instigator of the
crime, but the Supreme Court ruled in 2005 that capital punishment is unconstitutional for offenders
under the age of eighteen (Elrod & Ryder, 2014). Furthermore, the Supreme Court ruling inhibits the
courts from prosecuting juveniles as adults without considering age and other ... Show more content
on Helpwriting.net ...
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).
References
Cornell University Law School. (2005). Roper v. Simmons. Retrieved from
https://www.law.cornell.edu/supct/html/03–633.ZO.html
Elrod, P., & Ryder, R. S. (2014). Juvenile justice: a social, historical, and legal perspective (4th ed.).
Burlington, MA: Jones & Bartlett Learning.
Flynn, E. H. (2008). DISMANTLING THE FELONY–MURDER RULE: JUVENILE
DETERRENCE AND RETRIBUTION POST–ROPER V. SIMMONS. University Of Pennsylvania
Law Review, 156(4),

Essay on Controversial Supreme Court Case Roper V. Simmons
The Death Penalty is a controversial topic on its own. However, if you add the possibility of a minor
receiving the death penalty it gets even more interesting. The Supreme Court case of Roper v.
Simmons was a perfect example of that. Roper v. Simmons presented the Supreme Court with two
questions: 1) whether or not the execution of those who were sixteen or seventeen at the time of a
crime is cruel and unusual punished and 2) does is violate the Eighth and Fourteenth Amendment.
The main audience for this particular case is the general American population, and specifically
affects the juvenile population.
Christopher Simmons, seven months shy of his 18th birthday, planned and implemented the murder
of an innocent woman. ... Show more content on Helpwriting.net ...
KENTUCKY, 492 U.S. 361 1989) The Court later ruled in Atkins v. Virginia (2002) that, "mentally
retarded persons were exempt from the death penalty as well, a further sign of society's changing
standards." (ATKINS v. VIRGINIA, 536 U.S. 320 2002) The decision in Atkins explained that due
to their impairments, "it is highly unlikely that such offenders could ever deserve capital
punishment." (ATKINS v. VIRGINIA, 536 U.S. 320 2002) The reasoning in Atkins is applied to the
Simmons decision. Kennedy argues that because individuals under 18 are categorically less culpable
than the average criminal, they should not deserve the death penalty. Kennedy adds that there are
three differences between juveniles under 18 and adult offenders. First, "juveniles often lack the
maturity found in adults, a trait that is understandable among the young and adolescents are
overrepresented statistically in virtually every category of reckless behavior." (ROPER v.
SIMMONS, (03–633) 543 U.S. 551 2005) The second difference is, "that they are more vulnerable
to negative influences or outside pressures and this could lead to deviant behavior." (ROPER v.
SIMMONS, (03–633) 543 U.S. 551 2005) Lastly, Kennedy asserts that "the character of a juvenile
is not as well formed as an adult and that personality traits in adolescents are transitory." (ROPER v.
SIMMONS, (03–633) 543 U.S. 551 2005) Moreover, because of the comparative immaturity and
irresponsibility of

Roper Vs Hammons
Chapter 1
Application and Analysis Problems
1. A landlord owned and leased rental units. Prospective tenants agreed to rent a unit, but when the
landlord found out they were not married, she told them she could not rent to them because it would
violate her religious beliefs. The prospective tenants files allegations against the landlord with the
Fair Employment and Housing Commission. Was the landlord allowed to refuse to rent in this
situation, or was her refusal a violation of the discrimination laws?
a. No, the refusal is not a violation of the discrimination laws because according to Smith v. Fair
Employment and Housing Commission, the statute covers discrimination based on marital status;
however, the statute does not cover cohabitation ... Show more content on Helpwriting.net ...
(6) List and describe the three branches of the U.S. government.
a. The three branches of the U.S. government are:
i. The Executive Branch, which executes and enforces the law. ii. Legislative Branch, which makes
the law iii. Judicial Branch, which interprets and applies the law.
4. (9) How does the concept of precedent or stare decisis operate today?
a. The concept of stare decisis today still serves the purpose of bringing consistency into a decision
rendered by the court; however, this concept has its limitations. In order for stare decisis to be used
the lower court must be confronted with a factual issue already decided by the higher court. Also,
the decision of state court can only be precedent within the state where the decision was made.
Lastly, precedence only applies when the courts opinion has been published per court orders.
5. (10) Outline the legislative process for the enactment of laws
1. Legislation Proposed
a. A proposed legislation is drafted by:
i. Congress ii. Interested individuals

Bell Vs Eugenics Research Paper
Ashley Reuben
Dr. Chresfield
HIST 1026: States and Sex in the Americas
April 21, 2017
Final Paper
Buck v. Bell Versus Eugenics
Sexual compulsory sterilization is one of the most controversial topics of the eugenics movement.
The first eugenic sterilization statue was passed by Indiana in 1907. However, this law and many
other similar laws were highly flawed and did not coincide with state court tests. On May 2, 1927, a
Supreme Court decision would change the way of the eugenics movement for years to come. This
special date sets forth the case of Buck v. Bell in which the Supreme Court ruled out a Virginia
statue that allowed compulsory sexual sterilization for people who were considered genetically unfit
for the welfare of the society. The ... Show more content on Helpwriting.net ...
Through studies such as the Human Genome Project, researchers have discovered more information
than ever about genes, chromosomes, DNA, and specific medical conditions and diseases. Although,
we cannot hold modern medicine responsible for discovering biological markers and treatments for
certain medical conditions, historical events such as Buck v. Bell need to be brought into the
classroom for students to understand how linking complex human traits and behaviors to heredity is
erroneous and may lead to unjustifiable social policies. Human traits and behaviors are more so
based upon an individual's environment rather than the genes an individual inherits. Many historians
worry that contemporary economic and social problems can give rise to a new eugenics movement.
Given the constant struggle over limited resources, we can expect eugenic proposals to resurface
overtime. The story of Carrie Buck provides a point of departure for discussing and understanding
multifaceted issues including the understanding of linking traits to certain behavioral aspects, the
understanding of the legislative system and court rulings and understanding what decisions and
when these decisions should be justifiable to people within society. Providing education on such
controversial and political issues to future generations could

Essay on Juvenile Death Penalty
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 ... Show more content on
Helpwriting.net ...
Is it then ethical to sentence a person with undeveloped reasoning and thinking skills to the death
penalty if they cannot fully comprehend the consequences of their actions? If adolescents are being
considered to have diminished reasoning and thinking skills, how then do they compare the mentally
ill? Do the same standards apply? If so, then the case of Atkins v. Virginia, in which it was declared
by the U.S. Supreme Court that the mentally handicapped would not be sentenced to the death
penalty, would be essential to the cause opposing juvenile death penalty. It is not denied that these
juveniles have committed horrendous crimes and should be held accountable for their actions, but
certain mitigating circumstances negate the need for a death penalty. In the United Sates, the first
juvenile death penalty recorded occurred in 1642 of a minor under the age of 18 and the youngest
person ever given the death penalty was ten–year old James Arcene in 1885 for robbery and murder
(Strater, 1994–1995). By 1994 there were only 9 states, among which were New Jersey, Kansas, and
Maryland, that prohibited the death penalties for juveniles. In 2003 the number of states permitting
capital punishment declined to 21, a number of them allowing this punishment to those as young as
16 (Steinberg & Scott, 2003). Since the days of the first juvenile execution approximately 362 more
juveniles have been

Persuasive Essay On The Death Penalty
The death penalty is cruel and unusual punishment because it is a vivid reminder of slavery,
branding, and various corporal pains were common. It is an inhuman tradition that should not have
any part in a civilized society. Nonetheless, only the United States in the whole western
industrialized nations still holds the Capital punishment. The prosecutors who are 98% white choose
randomly a sampling of convicted criminals would receive a sentence of death, where the prosecutor
does not have to consider any constitutional laws or criteria. Simply, the discretions of the narrowly
minded persecutors whose concerns might solely be their personal and political gains.
The prosecutor solicited the death penalty, not because of his certitude of Willingham guilt, solely
because he dropped his offer to plead guilty for a life sentence. Jackson's egotistical job ambition is
to look tough on crimes but not to guarantee that an innocent person never gets executed wrongfully.
In Jackon's goal to be tough on crimes, changed Webb mind by stating that "His story doesn't have
to match exactly'," he wanted him to just say that Willingham put fires in the corners. He needed
Webb to say that so he can condemn Willingham, contrarily, he would have a criminal working the
streets. Willingham defense's team was inexperienced, incompetent, and did not investigate to bring
enlightenment to the case. The attorneys convoked a single witness, a babysitter who testified of
Willingham's love for his girls. The jury sentenced Willingham to death on August 21, 1992
The forensic evidence and witness were Jackson's two dominant pillars to convict Willingham were
all manufactured. In November 1996, a few years after Jackson deliberately sent Willingham to
death row, he was elected as a Navarro County judge as an award for a well–done job. The
Governor of Texas in 2004, declined to temporarily stay Willingham's execution, in spite of new
release statement from a leading forensic expert which clearly contradicted the finding of arson by a
Texas deputy fire marshal. The report admitted that the arson conclusion held flawed analysis, only
a few days before the Willingham's execution. However, the political view of the Governor's
toughness on crime

Rights Of Juveniles Research Paper
RIGHTS OF A JUVENILE .In Cook County, Ill., the first juvenile court iwas founded on the idea
that juvenile offenders need protection and treatment, not just punishment. The idea came from the
British justice system's (the State of parent), it says that the state duty is protecting our children
under its care. This was to say that once juveniles are "adjudicated delinquent" in a juvenile court
that they were found guilty being found guilty. they cannot be tried for the same crime in an adult
court. To do so, would violate the Fifth Amendment protect them from double jeopardy. This is one
way that we can protect our teens. The U.S. Needs to look at other countries and see how they are
dealing with their juveniles . They should ... Show more content on Helpwriting.net ...
Doing something to save these teens is better than doing nothing. Theses changes have happen over
time here is some changes . IN 1988 Execution of Juveniles Restricted the Supreme Court said a
jury could consider the offender's age whether to impose the death penalty. But in Thompson v.
Oklahoma, the Supreme Court decides that, according to society's "evolving standards of decency,"
it is "cruel and unusual" punishment, in violation of the Eighth Amendment, to execute offenders
who commit crimes when under the age of 16. The altitude"s changed in1990 The people felt that
the juvenile justice system was too lenient when it came to punishing these offenders. Also in 1990s,
state legislatures act make it easier for the courts to transfer juveniles to the adult criminal justice
system, it gave the courts greater sentencing authority to juvenile court which also gave the victims
a role in the proceedings. Juvenile offenders may not be sentenced to life in prison without
parole,unless they committed a homicide .This also violates the Eighth Amendment protection
against

Juvenile Death Penalty Essay
Juvenile Death Penalty 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 ... Show more content on Helpwriting.net ...
Kent held that juveniles were entitled to a hearing, representation by counsel, access to information
upon which the waiver decision was based, and a statement of reasons justifying the waiver
decision. It included the sophistication and maturity of the juvenile as determined by consideration
of his or her home life, environmental situation, emotional attitude, and pattern of living. These
rights we made so that the justice courts can provide guidance and rehabilitation for the juvenile also
with protection for society. There are some juveniles out there who are extremely dangerous and do
not wish to change the way they are living their life. In 1988 the case of Thompson v. Oklahoma it
claimed that the Constitution prohibits execution for crimes committed at age 15. The outcome of
the decision was that a State's execution of a juvenile who had committed a capital offense prior to
age 16 violated Thompson unless the State had a minimum age limit in its death penalty. (2) The
court decided that juveniles younger than 16 when they committed a crime may not be executed.
Wayne Thompson is serving a life sentence in prison without the possibility of parole. Another case
in the juvenile death penalty cases is Atkins v. Virginia; The U.S. Supreme Court banned the
execution of mentally retarded persons in 2002. Justices ruled that executing mentally retarded
criminals violates the Constitution's ban on cruel and unusual punishment. The most important

Rights Of Juveniles
Charles Keene was killed on the morning of January 23, 1983. His body was found in the Washita
river of Grady County, Oklahoma, tied to a concrete block. He had been brutally beaten, shot, and
stabbed several times. The murderers, a team of four, were ultimately caught and each given the
death sentence, including, shockingly, the victim's former brother–in–law: William Wayne
Thompson, who was only fifteen years old. At the time, there was no national minimum age for the
death penalty; states could execute whomever they saw fit. However, Thompson's lawyers, citing the
8th Amendment of the Constitution, appealed to the Supreme Court of the United States on the
grounds that giving the death sentence to a juvenile constituted "cruel and unusual ... Show more
content on Helpwriting.net ...
As of 1987, 37 states in the US allowed the use of the death penalty, and 27 of those states allowed
the execution of minors under the age of eighteen. The state of Indiana, for example, had a
minimum execution age of ten. About a dozen states had no declared age limit, and only six states
out of the original 37 had adopted eighteen as the minimum age (Times Wire Services). At the time
of Thompson v Oklahoma, the state of Oklahoma had a juvenile rehabilitation system that permitted
the execution of minors for murder; they believed that despite the fact that they were children or
adolescents, they were perfectly aware of the wrongness of their actions and had no hope of being
rehabilitated (Cengage Learning). Approximately 20,000 individuals have been legally executed in
the United States in the past 350 years, but the controversy surrounding the death penalty has almost
always existed (Wilson). In the era of Thompson v Oklahoma, fifteen–year–olds had few rights.
They could be tried as adults and given the death penalty, but could not drive, vote, drink alcohol,
get married, buy drugs, sit on a jury, or gamble (Cengage Learning). Furthermore, time spent on
death row can be from six to over twenty years, so many criminals convicted as juveniles are not
executed until they are adults, after essentially growing up in prison and potentially undergoing
massive changes in character (Wilson). In addition, the 8th Amendment to the Constitution reads:
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted" ("8th Amendment"). Execution has been viewed as a cruel and unusual
punishment by many for years. In the very beginning, when the Constitution was written, the
Framers defined "cruel and unusual punishment" as something blatantly

Rights of Juvenile Delinquency Essay
Rights of Juvenile Delinquency couldn't be as fair as it is today without the efforts made by
reformers throughout history. During the late 18th and early century youths committing crimes has
little to no rights given. Children as young as 7 years old can be put and trialed as an adult even have
a chance with the death penalty. These punishments where so outrageous that even if you spoke
against your parents' wishes you will be put in jail. Something needed to be done about these cruel
treatments for a child at such a young age who may or may not know right from wrong. The victims
had the questions, the government had both the power and most importantly the resolution. It was
not only the right but also the responsibility for the people ... Show more content on Helpwriting.net
...
A prisoner became qualified for release when had obtained the required number credits which
interpreted for good behavior, hard work, and study but they could be denied or subtracted for
misconduct .The mark system symbolized the opposite "let the punishment fit the crime" theory of
correction and presaged the use of indeterminate sentences, individualized. treatment,and prarole.All
together it emphasized training and performance as the chief mechanisms of reformation.
Another Penal reformer named Thomas Eddy he advocated moral uplift of blacks, the poor, and
other unfortunates. In 1873 this characteristics Impulse him to have interest in penal reform which
he wanted to put an end to branding, solitary, confinement, whipping posts, and pillories, Eddy had
served on the prison reform commission and helped Senators like Philip Schulyer and Ambrose
Spence to draft the penitentiary reform bill that became a law in 1796.His penal legislation
authorized two state penitentiaries in Canada and New York City,
John Augustus known as the "Father of Probation. "He persuaded the Boston Police Court to release
an adult drunkard into his custody rather than sending him to prison. His efforts at reforming his
first were not only successful he convinced the court to release other offenders under his
supervision. His efforts and title did not come easy because they were resisted by people like the
police, court clerks,and etc who only made money when offenders were incarcerated.

Juveniles And The Death Penalty Essay

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