Roper V. Simmons Case Study

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.

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.

This research paper is on a case study analysis of Roper vs. Simmons concerning the execution penalty on juveniles, by American Supreme Court in 2005. In this case, the Supreme Court was required to execute of a teen, aged 17 during the time the crime was committed. The supreme court of Missouri ruled that the penalty was unusual and cruel. Decision to withdraw the penalty of execution of Chris Simmons supporting that such a penalty to a juvenile criminal is acting against both the 8th and 14th amendments. According to the constitution, the eighth amendment applied to the state, and the fourteenth amendment prohibited the unusual and cruel punishments.

The jury however was to upset by the cruel act committed by such young men, with such little motive that they sentenced him to death. Upset by the verdict, Simmons appealed and hired a new lawyer. His new lawyer asked the court to review his case, but sadly both the local and Missouri Supreme Court stood with their conviction.

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.

This is a respectful submission of the prosecution arguments regarding the case R. v. Collins. The arguments will show that the evidence ceased at from the accused should be admissible in the court of law as a Mrs. Collins section 8 Charter right was not violated (R. v. Collins, [1987] 1 S.C.R. 265). Case laws along other judge’s interpretation will reinforce the arguments presented. The paper will establish arguments based on reasonable grounds, the good faith doctrine and the admissibility of evidence. The accused was arrested by two Royal Mounted Canadian Police (RCMP) officers at the Cedar’s Pub with possession of heroin for the purpose of trafficking (R. v. Collins, [1987] 1 S.C.R. 265).

9 years after he was convicted the Missouri Supreme Court reviewed his case, which they appealed and sent was then sent to the US supreme court. The case was reversed mainly due to the fact that studies show the part of the brain in young adolescents that affects decision-making is not fully developed at ages 16 and 17.

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 verdict in this case generated an epidemic of outrage throughout the world. I agree with the not-guilty verdict on the murder one and two charges; however, the evidence is not as incontrovertible as some have suggested. I also agree that there was some mischaracterization around the 31 days; yet, to trivialize this behavior as simply immature is inaccurate. The way Casey handled the death was inexcusable.

It is important to note that the second and third declaration are not in the official ruling but are implied in the first. Section 91(24) of the 1867 constitution is a colonial framework that allows the Crown to have authority over “Indians and Land Reserved for Indians.” The constitution did not outline who was included under the term ‘Indian’, and as a result of this Metis and non-Status Indians were not recognized under constitution. Metis people argued for the recognition under section 91(24) because it situates them as a recognized group in Canadian history. Furthermore, recognition in the constitution of 1867 creates justification for self-determination, and highlights the relationship between the Crown and the Metis people.

The court case I have selected is the Roper vs. Simmons case. Christopher Simmons (17) came up with the idea to murder Shirley Cook. Simmons brought this brought this idea to his two friends Charles Benjamin (15) and John Tessmer (16) and

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 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.

People should be put on death row if they have killed others. George Bush’s opinion on the death penalty. Well, now you know that money is being wasted on saving these awful people, now to George Bush’s point of view. Around $700,000 is being spent on saving these awful people. The government could be using some of this money to be solving the world's problem bit by bit.

Death penalty is like the ‘’tooth for a tooth – eye for an eye’’ theory. Instead of acting inhuman to our fellow beings we should find a better way to solve the mind of criminals. Making the problem vanish is not a good idea. We should do psychological researching instead! I, myself have a lot of faith in humanity.