In today’s society of the United States Supreme Court has verified that vicious crimes committed by juveniles should always be punished with a life sentence in prison because of the violation of the Eighth Amendment. The Eighth Amendment is stated,” Prohibiting the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishment.” Life in prison without parole will cause juveniles to fail there own trust, immaturity, and will stay in prison with no help. Is it the juveniles fault of ending up in prison? Is it there daily life style at home? How they were raised back at home? Or they were going through a rough childhood? Is it the parents fault or the child’s fault that they end up in a juvenile jail for 15 years just because of unnoticed attention? Juvenile children are told that they could never change and no one cared about what became of them. They did not have access to education, no counseling programs, and left without help or hope. American children no matter how young they are (like twelve or fourteen); they are being charged as adults in court. Even if they get an early release …show more content…
Today in the life we live in, the court held Montgomery v Louisiana the ban on mandatory JLWOP applies retroactively. The Miller v Alabama had violated the Eighth Amendment. Nine states have abolished the JLWOP. Those nine states are Connecticut, Delaware, Hawaii, Massachusetts, Nevada, Texas, West Virginia, Wyoming, and Vermont. Other counties imposed the JLWOP. The other counties are Philadelphia County (PA), Los Angeles County (CA), Orleans Parish (LA), Cook County (IL), and the city of St. Louise (MO). If to determine a national consensus against given punishment, the Supreme Court may let the numbered of states to decide to allow the
The states have their own laws and rules that they can enforce so it isn't the same rules in every state.
In the discussion of the 8th amendment, this paper will examine: the history of the 8th amendment, the interpretations made by courts regarding 8th, and how the 8th affects us today. The Amendment first was ratified in 1791 along with the nine other amendments to form the bill of rights. The bill of rights is used to “lists specific prohibitions on governmental power.” (“Bill of Rights”). By doing this, the government has less power to not make the citizens feel like that even the government has to follow some sort of procedure and would stabilize the power the government has from having either too much or too little.
Upon reading the U.S. Constitution, Article I, Section 8 stood out for me. The reason being is that it was not contained in the Articles of Confederation. In Section 8, it says that Congress will have the power to impose and collect taxes. This was a step from the Articles of Confederation that they once followed. This was one of the many problems that they had.
One day you were sitting on your rocking chair, eating rice and then BOOM the police are banging on your door saying you are going to be sentenced to death for littering a sea sponge. In court you say that that is being against the 8th amendment, but the judge still says you are going to die. So what now? OK. This particular example actually never happened but you are still right, being sentenced to death for a small crime like littering is still against the 8th amendment.
The Eighth Amendment prohibits inflicting cruel and unusual punishment on citizens. The judicial branch must ensure that the rights and privileges granted to American people by the Constitution are provided equally regardless of their race, sex, or sexual identification (Edmondson, 2017). John Doe after serving two years of a five-year sentence for manufacturing methamphetamines, escapes from prison by hiding in the back of a milk truck. When the milk truck makes its first stop, inmate Doe climbs out of the milk truck and walks away without anyone’s assistance. Inmate Doe manages to find a new set of clothes, catches a ride with a stranger, and shows up at a friend’s home.
The Cruel and Unusual Punishment clause is the most imperative and controversial section of the 8th Amendment. In some ways, the clause is very mysterious. What does it mean for a punishment to be “cruel and unusual”? How do we measure punishment’s cruelty? And if a punishment is cruel, why should we care if it’s “unusual”?
Topic: In the 1970’s, many schools operating in Dade County used corporal punishment as a form of punishment for misbehavior. A male student attending a Dade County Junior High School was forcibly restrained and paddled after failing to allegedly adhere to school policies. The student claimed that the paddling of students as a means of maintaining school discipline constitutes cruel and unusual punishment, violating the Eighth Amendment; Issues: (1) Was it unconstitutional for the school to administer corporal punishment under the Eighth Amendment? (2) Did the school’s principal and vice principal violate the student’s Eighth Amendment by restraining him during punishment? (3) Under the Fourteenth Amendment, was the principal required
Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington—as
Our class should study amendment number eight. The Eighth Amendment to the United States Constitution states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This amendment prohibits the federal government from imposing unduly harsh penalties on criminal defendants, either as the price for obtaining pretrial release or as punishment for crime after conviction. (Constitutioncenter.org) states that, "The Cruel and Unusual Punishments Clause clearly prohibits cruel methods of punishment. " This means that if the federal government tried to bring back the rack, or thumbscrews, or gibbets as types of punishment, such efforts would violate the Eighth Amendment This amendment still
The seventh amendment of the Bill of Rights is about how the people have the right to trial by jury for cases that involve money. This means that if someone wanted to sue another person they would have to go to the jury. For example, in a civil case, where there are two parties and one is trying to sue the other for something the other did. My argument for this amendment is that there are a whole jury to decide and not just one person if the person is being sued or not. My argument against this amendment is that it takes a long time to go through a civil case some civil cases went up to 3 years or more.
Crimes are happening around us whether we pay attention to them or not. Those crimes as dangerous as murder are committed by all ages but should younger criminal in their juvenile age received the same punishment as older criminals. On June 25, 2012, the Supreme Court ruled that juveniles committed murder could not be sentenced to life in prison because it violates the Eighth Amendment.(On-Demand Writing Assignment Juvenile Justice) Advocates on the concurring side believes that mandatory life in prison is wrong and should be abolish. However, the dissenting side believe that keeping the there should be a life in prison punishment for juvenile who commit heinous crime regardless of their age.
In 2012, the Supreme Court ruled that it is immoral to give juveniles life sentences, even if they commit a crime as serious as murder, because it is a cruel and unusual punishment. This has been an issue in America as teenagers are often treated as adults in court due to a belief that their crimes warrant a harsh punishment. Many believe that these kids should not be given such major sentences because they are still immature and do not have the self control that adults do. I agree that juveniles do not deserve life sentences because they put less thought and planning into these crimes and they often are less malicious than adults. The article “Startling Finds on Teenage Brains” explains that the teenagers lose brain tissue that is responsible for self control and impulses (Thompson 7).
State Issues Maryland is said to have some of the strictest firearm laws in the country, on the issues of carrying, buying and the possession of firearms. Earlier this year many mass shootings occurred all over in Maryland, overall leaving nine dead and forty-four injured. Just in Baltimore shootings, five were wounded. These are a few of eleven mass shootings in Maryland so far in 2015. This year nine were killed and forty-four people in total were left with injuries and this is just in the state of Maryland.
Juvenile Justice Essay In the United States, there have been many cases where a juvenile would be found guilty and be tried as an adult. There are other cases where those juveniles are tried as adult forever. I am against charging juveniles as adults when they commit violent crimes, the juveniles lose many educational opportunities and the adult system is far too dangerous for the young juveniles. Juveniles are also young kids but only the fact that they do not get the same amount of education or experience that other teens gain.
Juveniles Justice Juveniles who are criminals being sentenced to life without parole can be shocking to some people. I believe if a juvenile is able to commit a crime, then they are able to do the time. The article “Startling finds on Teenage Brains” talks about how the brain can be different from the time you are teens to the time you are an adult. After, considering both sides on juvenile justice it is clear that juveniles should face life without parole because they did the crime so they can do the time. Also I believe the juvenile’s age should not influence the sentence and the punishment give.