Research has shown that transferring adolescents from juvenile court to criminal court increases the recidivism rate. Thus, exposing minors to adult treatment increases crime. Generally, juvenile detention facilities are equip for rehabilitation, offering programs to aid reformation. Society does not hold youth to the same maturity level of an adult. Furthermore, juveniles are not afforded the same rights as adults (e.g. smoking, drinking, voting) because we understand their inability to make responsible decisions. The developmental differences are what set an adult apart from a child. In Judging Juveniles, Aaron Kupchik argues that if we understand the psychological needs of adolescents, why do we transfer them to criminal court? In his study
It is shocking to know that before 1967 youths in the United States did not have the same rights as adults in court. Before the landmark case In Re Gault individuals underage were not promised the freedoms under the fourteenth amendment. The court system did not take juvenile delinquent cases as seriously. It was almost as if they brushed the delinquents under the rug and put them into a detention center the first chance they got. The Supreme Court came to the conclusion that in the case of In Re Gault the requirements for due process were not met. This has turned into a landmark case because it has altered the way the juvenile delinquent court system runs.
Christopher Simmons was a seventeen year old juvenile from Missouri whom in 1993 along with two of his friends, Charles Benjamin and John Tessmer, planned to rob and murder Shirley Crook in her home (Roper v. Simmons, 2004). On the night the crime was to be committed, Tessmer pulled out of the plan, and Simmons and Benjamin would continue on as planned. The two broke into the Ms. Crook’s home, robbed her, tied her up, covered up her eyes, then drove her to a state park and threw her off a bridge. During the trial, evidence, videotaped reenactment and testimony outlining the premeditated plan, allowed for the jury to easily convict Simmons of the crime. Even though Simmons had no previous criminal record and was a minor at the time the crime was committed,
The court case Roper vs Simmons was one of the most influential Supreme Court cases that dealt with the issue of whether or not juveniles should receive the death penalty if they were under the age of 18 at the time they committed the crime. In this case, Simmons and a group of his friends planned to commit a burglary and a murder. On the night of the crime, “Simmons and his two friends entered the home of Shirley Crook. Simmons recognized Crook from a car accident they were involved in before; he “later admitted to the police that “this confirmed his resolve to murder her.” Simmons and his friends tied Crook up and put her into the truck of her car. Then the defendants took her to a bridge and threw her off where she drowned. The day following the crime, the police came and arrested Simmons and his friends and charged them with burglary, kidnaping, stealing, and murder in the first degree.” (Roper v Simmons-No. 03–633. Supreme Court of Missouri. 1 Mar. 2005. Print.). The jury found Simmons guilty and sentenced him to
In Roper v. Simmons there are two issues that must be addressed, the first being the issue of moral maturity and culpability. The defense in the trial phase of this case argued that Mr. Simmons was an at an age where he was not responsible enough to fully understand the effects and consequences of his actions. The majority draws on Atkins v. Virginia to argue that this specific precedent supports their case that the death penalty should not be imposed on the mentally immature or impaired. However, an important point to be made is that the Atkins v. Virginia decision is geared towards the clinical definition of mental retardation: significant limitations that limit adaptive skills. Also, another important question to consider is the competency and premeditation of Mr. Simmons’ crime in this case. The argument that four months would be
In his youth, Greg Ousley was burdened with the tension that developed between his parents and himself. Due to being misunderstood by his parents, the tension simply built up within him until he had reached and irrational conclusion. In Scott Anderson’s article, “Greg Ousley Is Sorry for Killing His Parents. Is That Enough?”, Ousley revealed the details regarding the night he decided that he had no choice but to kill his parents (Anderson 7,8). At the young age of fourteen, Ousley was sentenced sixty years in prison for murdering his parents in 1993. The case was quite controversial as there was blatant evidence that his actions were premeditated , yet he was still a minor. However, the unique circumstances of his upbringing could have acted
Christopher Simmons committed a capital murder in September of 1993. Simmons was only 17 at the time. Simmons had an accomplice, his friend Charles Benjamin who was only 15 years old. They were both from St. Louise Missouri. Both being minors, they thought that they would get away with the murder due to their young age. On a warm summer night, Christopher and Charles met at a local park at about two in the morning. They discussed there plan of action. They planned to tie the women up with duct tape, bring her back to the very park and push her down the hill into the river. That is exactly what they did. They brought her body to the Meramec river dumped her in and that is where she drowned. There has been no prior evidence
In today’s society the youth generation seems to be facing some problems that there is no solution for. Juveniles are participating in many wrongdoing activities that they are not being held accountable for. I see many gray areas when it comes to the juveniles justice system and I strongly believe there should be changes made in order to help these juveniles be deterred from such behavior so they do not continue down a path that can affect the rest of their lives.
Impact: That juveniles 18 and under couldn’t be charged with the death penalty because it was viewed as cruel and unusual. Especially since, juveniles were less developed than adults and were more prone to peer pressure.
Roper v. Simmons was a Supreme Court case that occurred in 2004. The case was deciding whether or not minors over the age of fifteen were allowed to be sentenced to death. Christopher Simmons was given the death sentence at seventeen years old. He felt that he should not have been given the death penalty because he was not yet an adult. Simmons said that this was violating his Eighth Amendment rights. The Roper v Simmons case is an example of the way that laws can change over time.
The issue involved in the U.S. Supreme Court case of Roper v. Simmons (2005) affects the Eighth and 14th Amendments to the United States Constitution (Roper v. Simmons, 2015). The visited factors included whether it is permissible under both Amendments to execute an individual for the commission of a capital offense committed while the offender was under the age of 18 (Roper v. Simmons, 2015). In Roper v. Simmons (2005), 17-year-old, Christopher Simmons, committed capital murder and after he turned 18, he was sentenced to death.
Roper v. Simmons, the facts, issues, and court holding on this cause is about a 17 year old boy who was arrested for murder. Christopher Simmons, who was 17 when he was arrested for the murder of Shirley Crook. He was convicted of first-degree murder and sentenced to death. Christopher Simmons was accused of burglary and murder. Also it was said two of his friends helped him. One of the friends decline to proceeded but, was later was charged with conspiracy. Charges were dropped in exchange for his testimony against Simmons. Simmons and one of his friends went into the victim’s home and kidnapped her. The suspects bound the victim’s with duct tape and electrical cord. The victim mouth was covered in duct tape as well as her eyes. The victim was threw in the river. The victim’s husband return home from an overnight trip to discover his wife missing and home a mess. The same day the husband discovered his wife missing her body was found by some fishermen. Christopher Simmons’s was going around town boasting and bragging about how he killed the victim and robbed her. Simmons’s was later arrested where he attended high school. Simmons’s right was read to him and he refused his rights to an attorney and stated that he would answer any question that
American society has always wrestled with the concept and ethics of capital punishment. Despite the meticulous process involved when convicting someone, there are many questions and exceptions about who qualifies and the process in and of itself, as to be expected when dealing with something so profound and permanent. What if the accused is mentally ill? What if the perpetrator committed the crime when defending someone else? What if the convicted is innocent, but still put to death? While we more or less have an answer to these questions today, a mere decade ago, we did not. The process of finding these answers was a challenging one, being argued and discovered through court of law and trial and error. One such question was incredibly difficult
In 2005 the Roper v. Simmons case went down in history as a landmark decision creating the pretext that no persons under the age of 18 can be sentenced to capital punishment. Simmons was sentenced to the death penalty at the missouri supreme court after planning a kidnapping and murder on his neighbor Shirley Crook. Evidence was shown that this was premeditated by witnesses Charlie Benjamin and John tessmer whom of which Simmons confided his plans within.
There are many children in the world who are being put behind bars and detained for alleged wrongdoing without protections they are entitled to. Throughout the world, children are charged and sentenced for actions that should not be considered as adult crimes. Here in the United States, the minimum age of criminal responsibility is age 12. Law enforcement officials and those in the juvenile justice system nationwide tend to mistreat underage individuals by trying cases while working through the lens of an adult. Unfair punishments are still handed down domestically, which is in violation of Supreme Court law. The following articles specifically address the idea that juvenile justice is unethical. In the article, “Juvenile Justice & Adolescent