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(Streib online)
Regardless of the source of the ethical view there is rising tides that express the evolving attitude that the death penalty, in any case is not a deterrent and is ethically wrong, regardless of the crime or the circumstances of it. The ethical implications of this ruling clearly create issues surrounding age of consent, as the determining factor of the decision, if an individual is not of the age to consent to vote, joint the military, or even buy alcohol, cigarettes or even a lottery ticket in most states they should therefore not be of the age to consent to an understanding of or a level of lethal responsibility for their violent actions.
The ruling clearly demonstrates an adherence with the historical juvenile justice system's stand on juvenile crime, as the system is structured to develop the idea that crimes, and sometimes even violent ones committed by individuals younger than 18 are not something that should follow and restrict them there entire lives. There is more of a sense of reformation in the juvenile justice system...
In a statement made by Chicago's first juvenile probation officer the context of juvenile justice was explained, to be one that should be formed as a parental guidance rather than punishment system "As the court's first chief probation officer, Timothy Hurley, explained, "Instead of reformation, the thought and idea in the judge's mind should always be formation. No child should be punished for the purpose of making an example of him, and he certainly can not be reformed by punishing him. The parental authority of the State should be exercised instead of the criminal power." 3
Tanenhaus 23) this statement holds true today in that the system is structured around making the juvenile understand the implications of their actions, rather than punishing them for them. Though this is an ideal it is an ideal often utilized for judicial decisions.
Works Cited
Calabresi, Steven G., and Stephanie Dotson Zimdahl. "The Supreme Court and Foreign Sources of Law: Two Hundred Years of Practice and the Juvenile Death Penalty Decision." William and Mary Law Review 47.3 (2005): 743.
Streib, Victor, L. The Juvenile Death Penalty Today: Death Sentences and Executions for Juvenile Crimes January 1, 1973-June 30, 2003. online at http://www.law.onu.edu/faculty/streib/juvdeath.htm. July 1, 2003.
Tanenhaus, David S. Juvenile Justice in the Making. New York: Oxford University Press, 2004.
Works Cited
Calabresi, Steven G., and Stephanie Dotson Zimdahl. "The Supreme Court and Foreign Sources of Law: Two Hundred Years of Practice and the Juvenile Death Penalty Decision." William and Mary Law Review 47.3 (2005): 743.
Streib, Victor, L. The Juvenile Death Penalty Today: Death Sentences and Executions for Juvenile Crimes January 1, 1973-June 30, 2003. online at http://www.law.onu.edu/faculty/streib/juvdeath.htm. July 1, 2003.
Tanenhaus, David S. Juvenile Justice in the Making. New York: Oxford University Press, 2004.
" (Potter, 1999) Supreme Court finally strikes down juvenile executions On Mar. 1, 2005, the U.S. Supreme Court struck down once and for all juvenile executions in the United States, abandoning nations such as Nigeria, Congo, China, Pakistan and others whose records of human rights abuse are staggering. The 5-4 decision reverses the death sentences of about 70 juvenile murderers and bars states from seeking to execute minors for future crimes. The executions, the
An interesting and similar development in juvenile justice is the issue of life imprisonment as a cruel and unusual sentence for juvenile offenders. This issue is addressed by Mark Sherman (2009). Sherman states that Joe Sullivan was 13 years old when he attacked and raped an elderly woman. The court judged him as incorrigible and therefore sentenced him to life without parole. Another example is that of Terrance Graham, who
Death Penalty for Juvenile Offenders Supreme Court by a majority decision on March 1, 2005 in Roper v. Simmons held that death penalty for juveniles was "cruel and unusual" and as such the Eighth and Fourteenth Amendments of the U.S. Constitution forbid the execution of offenders who were under the age of 18 when their crimes were committed. The action reversed the death sentences of 72 convicted murderers in the U.S.
death penalty and minors - recent Supreme Court finding Death Penalty was extensively applied in the olden times across the world. The modern crusade for banning of capital punishment started in the 18th century with the writings of Montesquieu and also Voltaire. Some of the nations which took a lead in abolishing capital punishment are Venezuela in 1863, San Marino in 1865 and Costa Rica in 1877. Presently, more than
Death Penalty This informative speech outline topic DOES THE DEATH PENALTY DETER CRIME? The outline detailed 4 APA references. It follow format detailed referenced. Please outline tornadoes OUTLINE FOR INFORMATIVE SPEECH Tornadoes Purpose: To inform audience tornadoes Thesis: Today I discuss fascinating facts tornadoes. To inform the audience about the two sides of the debate on the death penalty, regarding its justice and its deterrent effect. The death penalty is one of the
Death Penalty Evolution of the Death Penalty in Supreme Court Jurisprudence Capital punishment has been in existence for centuries. As early back as the Eighteenth Century B.C., the use of the death penalty was found in the Code of King Hammurabi (Death Penalty Information Center [DPIC], 2010). The utilization of the death penalty for designated crimes continued through the years and became incorporated in Britain's penal system (DPIC, 2010). Britain's use of