Constitutional due to their to immature and

Constitutional questions were raised when Simmons faced the death penalty at 18 years old. Is the death penalty cruel to minors? The supreme court answered yes saying it was cruel. This case serves as an example of individual rights in the 8th Amendment “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted (National Constitution Center – The 8th Amendment of the U.S. Constitution)”. Judicial review was also a key component in this case as the Supreme Court had to review if the actions by the Missouri State Court were constitutional or not. As Simmons was 17 years old when he was tried with burglary, kidnapping, stealing, and murder in the first degree(“Juvenile Offenders”) , his 8th amendment was violated. Although in Missouri during 1993, you could impose capital punishment on a minor.  This was overturned in 2005 when the U.S Supreme Court declared the death penalty to minors unconstitutional. In Missouri, “Those who are 18 and older are considered adults in the eyes of the law (“What Are the Legal Rights of Children?”).” At the time Simmons was not an adult when given the death penalty. As the case was presented three major differences were argued, “(1) Juveniles are less morally reprehensible as adults due to their to immature and irresponsible behavior (2) Because of their own vulnerability and comparative lack of control juveniles have a greater claim than adults to be forgiven for failing to escape negative influences in their environment. (3) The reality that juveniles still struggle to define their identity means it is less supportable to conclude that even a heinous crime committed by a juvenile is evidence of irretrievably depraved character (“Capital Punishment in Context”)”. Each branch of the government was involved in various ways. The U.S Supreme court lead the case as they took it on in 2005 and making the final decision in the question if the death penalty should be given to minors. The U.S Supreme court involved congress by “focusing on the congressional decision not to extend the federal death penalty (Alford, Roger P. “Roper v. Simmons and Our Constitution in International Equipoise)”. The congress decision is making it a law not to allow the death penalty to minors. The executive branch has been involved by carrying out and enforcing the laws that the judicial branch ruled unconstitutional or constitutional.  The constitutional questions were answered by a 5-4 ruling of the Supreme Court in March of 2005. The importance of this ruling is that minors that are older than 15 but younger than 18 can not receive the death penalty in America. The Judicials argued on the grounds of what the constitution meant and not what the public thinks. Unlike the previous 1989 Supreme Court case, Stanford v. Kentucky, you could impose death penalty on minors.  As of now, Roper v. Simmons has overturned Stanford v. Kentucky in 2005.  Roper v. Simmons has influenced other cases such as Graham v. Florida, a 2010 case that ruled you can not sentence minors who have committed non homicide crimes life without parole.  This is a landmark decision because as of 2005, minors are protected from having their 8th amendment right violated to a cruel punishment. Prior to 2005, 22 juveniles were executed according to “Execution of Juveniles in the U.S. and Other Countries.” Execution of Juveniles in the U.S. and Other Countries.” The ruling has affected at least 72 juveniles in 12 different states. Two major minors who were affected are Lee Boyd Malvo and John Allen Muhammad, the two boys who committed the Beltway Sniper Attacks. Muhammad was given the death sentence and Malvo was given six life sentences without parole. There are no question asked that minors should be held accountable for their actions no matter how small or minor the crime is. People in society need protection from dangerous and violent people. Although, sentencing minors to death for crimes while they are still developing and growing mentally is extreme to an extentent.  Many factors also play into minors committing crimes such as insufficient education, peer pressure, drugs, and lack of strong moral guidance (“Contributing Factors to Juvenile Crime.” Regis Criminology Programs). Again, even though they have these factors they still need to be held accountable to an extent.  The U.S Supreme has made the right choice because of multiple reasons. Certain children have had types of abuse that contribute to their actions. “A high percentage of juveniles on death row have suffered from mental abuse, physical abuse, sexual abuse, drug addiction and severe poverty (“USLegal”).”

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