How Does Roper V. Simmons Violate The 14th Amendment

He tried to flee, and while doing so tripped and fell. The gun that he carried went off and killed a resident of the home. He was eventually convicted of murder and sentenced to death. The question in this case is, “Is the imposition and carrying out of the death penalty in this case cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments?” Reasons for Majority

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.

Kaylee Woolery Mr. O’Rourke Political Issues Tuesday, April 18th Supreme Court Opinion In 1989 the case of Roper vs. Simmons, the US Supreme Court opposed the death sentence and decided against the death penalty for anyone younger than 18. They argued that his 8th amendment rights were being infringed resulting in cruel and unusual punishment for the execution of a minor. Christopher Simmons, a 17-year-old, was arrested and put on trial for the first-degree murder of Shirley Crook. Due to the fact that it was first-degree murder, he was sentenced to death.

When the new constitution was put into effect in 1789, the federal government was actually given power and had more of a say in society. The constitution gave the federal government powers, and limited that states’ powers. There are two amendments in the constitution that explains what the federal and state governments have the right to do. The tenth and the fourteenth amendment lay down the line for what the states can do and not do. Even though the federal government tells them what to do through the constitution, they give them rights as well.

The Bill of Rights was introduced into America's system of government along with the Constitution in order to appease Anti-Federalists that wanted to ensure the protection of their rights. The 14th Amendment was later added to guarantee due process and equal protection rights. The Bill of Rights and 14th Amendment are extremely effective in protecting the rights of all citizens and are most clearly shown in the 1st, 5th, and 6th Amendments. The full expanse of the 1st Amendment and the freedoms it provides have been debated since its implementation, but its involvement in Texas v. Johnson was a key step in setting the proper precedent for its use.

With twenty-seven amendments in existence, each broadens protections that were not previously covered. Within these twenty-seven are several major ones that strongly influence the dynamic in which Americans vote. The fourteenth and nineteenth coexist in a manner that allows them both to strongly control who votes, and how. Ratified on July 9, 1868, the fourteenth amendment expanded citizenship to all born on U.S. soil and sought to expand national rights to all, regardless of race (Fourteenth). This amendment included the expansion of citizenship to anyone truly born in the U.S., regardless of who their ancestors were-granting citizenship to former slaves.

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 Eighth Amendment or Amendment VIII of the United States Constitution is part of the Bill of Rights, and declares that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” , thus proscribes disproportionate bails , inequitable and degrading to human dignity sanctions for any types of criminal offenses, as well as monetary penalties that are exceptionally high. Amendment VIII is significant because according to the legal system of the United States of America, an individual accused of a crime is “presumed innocent until proven guilty” and therefore, allowing disproportionate bail amounts to be set, would carry the risk of holding innocent people in custody, sometimes

There is no doubt that the United States’ immigration system has weaknesses. These weaknesses have led to thousands of illegal or undocumented immigrants staying in this country. To rectify this issue, some politicians have recommended amending the 14th Amendment from the Constitution, thereby eliminating birthright citizenship. The politicians suggesting this change claim that giving automatic citizenship to people born within the physical boundaries of the United States encourages illegals to enter and remain in the United States. However, amending the 14th Amendment would be a mistake.

The Due Process clause as outlined in the fourteenth Amendment states that a state cannot deprive an individual the right to life, property and liberty without a due process of law. This clause applies to school districts in which the school district must follow a procedure before dismissing a teacher or any district employees. The due process does not align the reasons for dismissal. These are found in the state statutes. In California, these are found in the Education Code.

The accused was defended by his own brother, Charles Ind, who was also gave insight into the family life in Woodland Park. Charles Ind stated, that many forms of abuse, including sexual, took place during their life together with Kermode Jordan and the negligence by their mother Pamela, thus giving reason to the murders. Evidence was brought forward from the night of the murders and the prosecutor stated: “whatever happened in that house, has been exagerated for one purpose, to get this defendant off as an excuse to kill.” The jury fas faced with the question, “is abuse really a reason for murder?” After several questionings and examination of evidence, the jury found the defendant guilty of first degree murders of Pamela and Kermode Jordan and the court sentenced Jacob Ind to life in prison without the possibility of parole.

Christopher Simmons was not your typical American teenager. Abused and neglected as a young boy, by the time he was seventeen years old he became a convicted murderer and was sentenced to the maximum punishment which is the death penalty. Christopher Simmons was old enough and mature enough to understand that what he did was morally and socially wrong. If someone can completely conjugate up a murder plot by oneself, then they should be sentenced to the death penalty no matter the age. Simmons should have received the death penalty despite his age at the time of the crime he perpetrated.

The Bill of Rights is the most influential historical document because it is the basis of our human rights. The Bill of Rights was created after the Declaration of Independence was signed in 1776. The Founding Fathers realized that a set of “rights” should be written and approved in order to avoid arguments between citizen and citizen or citizen and government. James Madison took most of the lead when creating this document. He wrote out a list of all the rights that a United States citizen should have.

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.

Think about scorching hot, bubbling, popping boiling water. Dripping one by one into someone 's face or body. Think about all the pain one must be feeling getting tortured little by little till they speak. Should not drop down to this kind of inhuman act?