Roper V Simmions, Falls under the 8th amendment cruel and unusual punishment. In Roper V Simmions there was a 17 year old boy with a mental disabitliy who commited a premediated murder was orginally being tried for the death penalty. In this case however there was another individual who did assist in the murder. He wasnt declared “mentally fit” for the trial but some felt his crimes were heneous enough to warrent the death penalty. The main arguement that was used was the 17 year old was not mentally fit for trial nor was he mentally aware of the effects of the murder. Therefore if someone doesn’t even fully understand the crime that they commited how could they be senteced to death for that crime. That I would consider to be a curel and unusual
Therefore the question that should be asked is, Is the execution of a defendant with intellectual disabilities (mental retardation) cruel and unusual punishment prohibited by the Eighth Amendment ("FindLaw's United States Supreme Court case and opinions.",
Roper v. Simmons After reviewing several different opinions regarding the Supreme Court’s verdict in the Roper v. Simmons case, I agree with their final decision. There are many pros and cons when it comes to condemning a juvenile to death row or life imprisonment without parole. I believe that each case is unique and the penalty should depend upon the severity of the crime and how it was committed. In addition, an individual’s age, mental health status and genetics need to be considered when sentencing an appropriate punishment. In Simmons case, I think that he knew exactly what he was doing at the time when he murdered Mrs. Cook.
There is no other way to put it. It doesn’t matter what you hear from the defence today, and you will hear a great many things. All that matters is that the defendant in this trial killed someone, and it
Roper’s side talked about the fact that part of the reason why he was motivated to commit the murder was that he was aware of his age, meaning he would not have the death penalty. They also talked about Roper’s mental capacity and how it was that of an 18-year-old. In my opinion, overall Roper’s side was aware of their information and was able to answer most questions given to them with ease, Unlike Simmon’s side. Simmon’s side, while having some good points, got distracted and started going on about “what if” questions that involved drug use which has little to do with this case. I really believe this weakened their argument and was unprofessional.
The Eighth Amendment is something we have came across before.” One of the biggest arguments we have is the death penalty. This is one of the biggest examples of the 8th amendment that is used in court cases. This leads to big controversy of the death penalty that leads judges making sure they follow the 8th amendment. Lots of people use a defendant that the 8th amendment is being violated when they get charge with this punishment.
The court’s opinion on this case, overturning the death penalty, I personally agree with. This case addresses the Eighth Amendment, cruel and unusual punishment and sentencing a juvenile to the death penalty violates Simmons’s Eighth Amendment Right. Simmons being 17 years of age, impulsive, immaturity, behavior changes, alcohol and drug abuse, and bad home environment is crucial to his behavior. These facts all play a role in this case; however, were not addressed during the sentencing process. During closing arguments the defense harped on Simmons’s age; to remind the jurors that legislatures made laws that prohibited juveniles from drinking, serving on juries, even buying or renting R rated movies believing that individuals under a certain age simply are not responsible enough.
The question then asked before the justices was whether or not capital punishment for the crime of rape was “cruel and unusual punishment” under the Eighth Amendment. The Court found that the death penalty was not invariably cruel and unusual punishment when referencing the Eighth Amendment. However, in the case of Coker v. Georgia the Court did find that the sentence of death was grossly disproportionate and is an excessive punishment for the crime; therefore, it is forbidden by the Eighth Amendment as cruel and unusual punishment (Brody & Acker, 2010, p. 55). At the time of the case in question, the majority of States had ever authorized the use of death for the offense of rape (Brody & Acker, 2010, p. 55). In the case of Furman v. George, under that ruling most of the capital punishment statues in the United States had become invalidated, including rape
But it really doesn’t make sense because when they convicted him they didn’t bother interviewing anyone how could a 14 year old boy that weight 90 pounds be able to kill and carry the two girls . Picked George Stinney
The issue in this case is whether the imposition of the sentence of death for the crime of murder under the law of Georgia violated the Eighth and Fourteenth Amendments. Gregg argued that the sentencing procedure allows for arbitrary grants of mercy that reflects a misinterpretation and ignores the reviewing authority of the Georgia Supreme Court to determine whether each death sentence is proportional to other sentencing for similar crimes. Gregg was pleading for a life sentence instead of death. Georgia argued that the statute did not constitute a cruel and unusual punishment and did not violate the Eighth and Fourteenth amendments. Georgia also argued and proved that there must be specific jury findings as to the circumstances of the crime to determine whether the death sentence was fair for the case.
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 fact that the Supreme Court initially rejected the challenge in one case and then later reconsidered it in another case makes the issue complex. Finally, the evidence highlights a significant moment in the history of the United States Supreme Court's stance on the constitutionality of the death penalty. It shows how the Court has evolved in interpreting the Eighth Amendment's cruel and unusual punishments clause and this evolution has led to the abolition of the death penalty in some states and more
I had an extremely difficult time following the sequence of events. Once I read the entire case, I had to reread it several times just to make sure I was following the time sequence, evidence presented, and the court rulings. First, I do not comprehend how someone can be stabbed 29 times and there not be a single piece of DNA evidence somewhere! That just blows my mind, especially since all concerned in this case are a bunch of druggies. This group of individuals is not the most cautious of individuals.
This was used as a precedent. Any minor that has committed a crime should still have their rights. An adult knows exactly what they are getting into. That is why when it comes to homicide of an adult this precedent does not apply the same way. The court’s decision decided that it is a cruel and unusual punishment that forbids the mandatory sentencing of life in prison without the possibility of parole for juvenile homicide offenders.
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. All Appeals of this case wernt heard until 2002 when the missouri supreme court passed simmons's execution due to the ruling of a similar case Atkins vs virginia.
It’s Not working out. By:Taija Jones. The 8th amendment says “Excessive bail shall not be required, Nor excessive fines imposed, Nor cruel and unusual punishments inflicted” . With that being said if the 8th amendment applies for cruel punishments of death penalties then why is it still happening.