Juvenile Death Penalty

Paper Summary:

In this article, the writer discusses that the juvenile death penalty stemmed from laws in certain states that allowed juveniles to be tried as adults for certain crimes. In March of 2005, the United States Supreme Court ruled that the death penalty for those who were tried as adults for crimes committed when they were under 18 was cruel and unusual punishment. The development of the juvenile death penalty and the decision to declare it unconstitutional has been a topic of controversy that reached global proportions. The writer examines the development, ramifications and circumstances that led to the abolishment of the juvenile death penalty in the United States. The writer supports the thesis that the Supreme Court decision to ban the death penalty for juveniles is in alignment with Constitutional law and supports this decision.

Outline:
Legal History and Context of the Juvenile Death Penalty
Recent legal History
The Demographic Myth
Political Ramifications
Conclusion

From the Paper:

"These executions did not happen in the early history of the United States, but occurred in modern times.
"Execution of males for the commission of crimes involving intolerable suffering of another are considered socially acceptable. However, the death penalty for certain other demographic groups has been considered questionable. In older times, the execution of women, juveniles, and others were not considered any different from those of a male. However, times have changed and society now questions the practice of executing the mentally retarded, women, and juveniles. The rules of changed and so must the laws of the land. The laws of the land are meant to serve society, rather than society serving the system."

Sample of Sources Used:

• Atkins v. Virginia, 536 U.S. 304 (2002), Retrieved December 17, 2007 from http://www.oyez.org/cases/2000-2009/2001/2001_00_8452/
• Brennan v. State, 754 So.2d 1 (Fla., 1999). Retrieved December 17, 2007 from http://www.floridasupremecourt.org/decisions/pre2004/ops/sc93907.pdf.
• Death Penalty Info (2007). Juveniles and the Death Penalty. Retrieved December 17, 2007 from http://www.deathpenaltyinfo.org/article.php?did=204&scid=27.
• Pervear v. Commonwealth, 72 U.S. (5 Wall.) 475, 479 -80 (1867). Retrieved December 17, 2007 from http://supreme.justia.com/us/72/475/case.html.
• Roper v. Simmons. 543 U.S. 551 (2005). Retrieved December 17, 2007 from http://www.oyez.org/cases/2000-2009/2004/2004_03_633/

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