Roper V. Simmons Case Study

Also, in the victims’ statement they stated that they wanted someone to take the charge for this issue. Even tough, Simmons only had a six-grade education and no money to hire an attorney was forced to represent himself against the parole board. After Simmons, had petitioned twelve different courts in a period of seventeen-year period. Simmons was finally provided with the information that the court claimed that they have lost it back in 1977. For the reason that his attorney never sought discovery and he was not provided with one neither.

On March 24th 1985 a young African-American man approached Michele Mallin at her car and asked her if she could help him start his car with jumper cables. Michele Mallin responded to him by telling him that she did not have any cables, the man then proceeded to unlock her door by reaching in through her car window. Mallin screamed and bit his thumb. He then took out a knife and held it to her throat to subdue her and to make her lay down on the floorboard of the car. He got in her car drove to a field just outside of town.

The constitution including its amendments is considered the “supreme law of the land”. The constitution has been enhanced by being steadily challenged to further interpret the meaning. These test come through many different legal cases that are brought to the Supreme Court; for example. The first amendment states “Congress shall make no law…prohibiting…or abridging the freedom of speech…” Though there are restrictions on a person’s first amendment rights, in the Hazlewood v. Kuhlmeier case this amendment was challenge when students of the school newspaper believed their rights were taken away by the principal because two pages of articles were deleted from the paper.

CNN reported on August 1, 2014 that 43-year-old Eric Garner died on July 17 after being confronted by police on Staten Island for allegedly selling cigarettes illegally. As police officers approached Garner he raised both hands in the air and told the officers not to touch him. Moments later, a video recording shows an officer grabbing the 350-pound man from behind in a choke hold and wrestled him to the ground, rolling him onto his stomach. CNN News also reports that the video has Eric crying repeatedly that he could not breathe until his last gasp. Evidence and Applicable Laws Julie Bolcer, a representative of the NY medical examiner 's office confirmed that the cause of death was "compression of neck (choke hold), compression of chest and prone positioning during physical restraint by police.

Caption: Brumfield v. Cain, 576 U. S. ____ (2015). In this case, Brumfield, the petitioner, wants the United States Supreme Court to review a decision by the United States Court of Appeals for the 5th Circuit. Facts: Kevan Brumfield was convicted of murder of Betty Smothers, and was sentenced to death by a Louisiana court. This court decision was made before ruling that the 8th Amendment prohibits execution of the intellectually disabled under Atkins v. Virginia. Using the Atkins Mandate, in State v. Williams (2001), the Louisiana Supreme Court decided a hearing must take place to decide if Williams was actually intellectually disabled.

In the case Roper v. Simmons three friends Christopher Simmons 17, Charles Benjamin 15, and John Tessmer 16 decided to rob Shirley Crook 46 on September 9, 1993. As the time came, two of the three decided to go through with the robbery but John Tessmer decided that this was not for him and backed out. After that moment Christopher Simmons and Charles Benjamin went through with the crime. Then at 2 am the two boys Christopher Simmons and Charles Benjamin met up to commit the crime. They then went into the home Shirley Crook was currently residing in.

• Missouri v. Seibert- (2004) A decision by the Supreme Court of the United States that struck down the police practice of first obtaining an inadmissible confession without giving Miranda warnings, then issuing the warnings, and then obtaining a second confession. • Moran v. Burbine- (1986) the respondent was apprehended by police for murder. While in custody, but before any arraignment proceedings, the respondent waived his right to counsel and confessed to the crimes.

Quite the contrary” (Donald P. Roper).I believe he means that if a minor is capable of committing murder, they should be able to receive a consequence such as the death penalty. With recommendation from the jury, the trial judge sentenced Simmons to the death penalty. Simmons and the defense council felt that him being sentenced to death violated the Eighth Amendment. The Eighth Amendment of the United States Constitution states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments

Kyra Rubin Professor Jennifer Larson English 105i 5 October 2015 Unit 2, Feeder 1 In the 2013 case of Miller v. Alabama, the Supreme Court held that a mandatory minimum sentence of life-without-parole is an unconstitutionally disproportionate punishment for a juvenile. Under the Eighth Amendment protections from cruel and unusual punishment, the Court held that mitigating factors must be considered in determining sentencing for juveniles. The issue in Montgomery v. Louisiana is concerned with whether or not this rule can be applied retroactively; doing so would potentially provide relief for the inmates who are currently serving time after being sentenced to live-without-parole as juveniles, and who didn’t have such mitigating factors considered. Issue: Does the U.S. Supreme Court’s decision in Miller v. Alabama, which held that the Eighth Amendment prohibits mandatory sentencing schemes that require children convicted of homicide to be sentenced to life in prison without parole, apply retroactively?

Between the January 2002 and January 2004 the defendant, Collins, made a series of telephone calls and voice recordings on an answering machine to members of his office. Within these telephone calls, and answering machine recordings the defendant used a number of pejorative racist phrases, such as; “wogs”, “pakis”, “black bastards” and “niggers”. The terms were not heard by members of ethnic minorities, but some of those who received the calls and heard the messages described themselves as “shocked”, “alarmed” or “depressed” by the defendants language. Following this, a formal complaint was made, charges were pressed by the Director of Public Prosecutions and the defendant was tried for sending, by means of a public telecommunications system,

Garratt v. Dailey, 46 Wash. 2d 197, 279 P.2d 1091 (Wash. 1955) In 1955, 5 years old Brian wanted to prank Ruth Garratt by pulled a chair from Ruth Garratt, when she wanted to sit on the chair. As a result from Brian’s prank, Ruth fell and broke her hip. Ruth filed a lawsuit against Brian’s family and stated that Brian acted intentionally, which cause her to suffer injury. Ruth wanted compensate worth $11,000 dollars from Brian’s Family.

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.

In Tulsa, Oklahoma, A 16 year old boy Johnny Cade was attacked by a car full of socs. Later on he and his best friend, Ponyboy Curtis, were attacked by the same Socs again leading to Johnny killing Bob Sheldon. In this case, Johnny Cade is not justified in what he did and is guilty. Johnny is claimed guilty for the murder because he wanted revenge against Bob, he could have only easily injured Bob, and he and Pony fled from the crime scene and got a gun from Dally.

LEGAL METHODS AND RESEARCH ASSIGNMENT 2 – CASE BRIEF: ROPER V. SIMMONS SHANNON MAHER – 14401402 The case of Roper v. Simmons 543 US 551 (2001) involves two parties; Christopher Simmons, the offender, and Donald P. Roper. The facts of the case are as follows: Simmons conspired to break into his neighbour’s house and murder the tenant, Shirley Crook, with his two younger friends, Tessmer and Benjamin, aged 16 and 15 respectively. Tessmer backed out of the plan prior to the crime being committed.

John Steinbeck’s character, Lennie Smalls, is not an appropriate factor to be considered when informing and shaping legal outcomes due to his fictional background and lack of modernization. The explicitness of Lennie’s mental disability and his consequences appear less convoluted than those presented by Robert Mackey in “Steinbeck Family Outraged That Texas Judge Cited ‘Of Mice and Men’ in Execution Ruling” and Lane Florsheim in “How Texas Keeps Putting the Intellectually Disabled on Death Row.” Various Texas judges substantiated the execution of handicapped criminals based on a fictional piece of work. John Steinbeck’s piece of literature should be perceived as the 1937 work of fiction he made it out to be.