Roper V. Simmons Essay

An inmate’s most important right is to have access to the courts and without that right they “have neither a forum in which to question the conditions and constitutionality of their confinement, nor an arena in which to seek vindication of other alleged rights violations” (Hinckley, 1987, p. 19). So, the foundation of other prisoners’ rights are based this right of access (Hinckley, 1987). Bounds v Smith is a very good example of where inmate fought to ensure this assess. It all began in North Carolina where inmates filed three actions alleging their 14th Amendment right were violated because of denial of access of legal help and research (Bounds v. Smith, 1977).

In reversing the decision of the district court, the Court held the “core judicial injury” was “whether force was applied in a good-faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm.” The extent of injury Wilkin’s suffered may have been relevant in determining the level of force that was applied but just because the prisoner may have escaped serious injury does not prohibit the individual from pursuing a

The Supreme Court tested again the procedure and criterion of competency for execution of a mental illness defendant in 2007 in Panetti v. Quarterman (Panetti I). The Supreme Court ruled in Panetti that to be executed an inmate must not only be aware of the reason for his execution, the inmate must have a rational comprehension of the State’s reasoning for his

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.

(Hurst v. Florida) (Furman v. Georgia (intro)) From this case, it showed how “it has been assumed in our decisions that punishment by death is not cruel, unless the manner of execution can be said to be inhuman and barbarous” (“FindLaw's United States Supreme Court Case

In May, 1924, two boys, Nathan Leopold Jr. and Richard Loeb, sought to commit the perfect crime: kidnapping and murdering their 14-year-old neighbor, Robert Franks. However, instead of executing the perfect crime, they were caught the following day and were sure to be hung. Their families hired a defense attorney by the name of Clarence Darrow who made one of the most influential and well-known speeches against the death penalty: “A Plea for Mercy.” Darrow utilizes historical references, logical and emotional appeals, anaphora, and persona, to sway the court to not employ the death penalty for Leopold and Loebs’ murder. Darrow explains the relationship between past wars and contemporary themes and a large part of that is society changing to be more forgiving.

Georgie Milton did something not many people have the guts to do, he took the life of his best friend to save him from the torture that awaited him, but, he took the life of another man and he took this life with the intention of murder. Ladies and gentlemen of the jury, there is no difference between euthanasia and murder; and to this indictment, George Milton has pleaded not guilty. If I am to prove him otherwise, you must find him so. Lennie Small has been described to us as a caring giant. He had no bad intentions; and it is fair to say that our witnesses have provided us with sufficient evidence to support my argument.

In the 'Slender Man ' case, I believe that the two 12-year old girls are not competent to stand trial for attempted murder. In order to determine an adolescent’s competence to stand trial, their developmental immaturity, intellectual disability, and mental illness should be evaluated (Bath & Gerring, 2014). However, it is important to remember that these factors do not immediately rule that an adolescent is incompetent; it is the presence of one of these factors that can increase that possibility (Bath & Gerring, 2014). In this case, two 12-year old girls lured their friend into the wood to murder her in honor of ‘Slender Man’, a mythological character. Both these girls have demonstrated deficits in their development neurologically, intellectually, emotionally, and psychosocially (Scott & Grisso, 2004).

The duty of any criminal prosecutor is to seek justice. A conviction is the end of justice being served prior to sentencing; however justice cannot be served if an innocent person is found guilty. Even though the prosecutor(s) are there to represent the public and has the duty to aggressively pursue offenders for violations of state and federal laws, they shall never lose sight or their own moral compass of their main purpose is to find the truth. In the pursuit of truth, the United States Supreme Court has developed or made rulings in reference to several principles of conduct which have to be followed by all prosecutors to assure that the accused person(s) are allowed the proper procedures and due process of the law granted by the 14th Amendment.

“There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right. ”(Martin Luther King, Jr.) Most people were racist but now since the civil rights have been established most have stopped being racist and moved on. Three supreme court case decisions influenced the civil rights movements by letting more and more poeple know what the Supreme Court was doing to African Americans,and of the unfair him crow laws:(Dred Scott v. Sanford,Plessy v. Ferguson,Brown v. Board of Education). Dred Scott v. Sanford Is a case that most people felt that Dred Scott had an unfair charge against him.

We must first examine whether there might not be a utilitarian reason to make legal exceptions. (Even the most committed deontologist will recognize the need to test laws against their consequences.) I will show that there is no room for exceptions by revisiting the three arguments central to the issue: TBS, self-defense, and torture creep. I’ll also discuss the criminal prosecution of

In “The Brain on Trial”, David Eagleman claims that the justice system needs to change its sentencing policies due to the discoveries of neurobiological diseases that cause their sufferers to behave in socially unacceptable ways and/or commit crimes. Eagleman uses a variety of rhetorical strategies to present his viewpoint. The most important one is his appeal to logic. By using mostly examples, along with direct address to the readers, Eagleman is able to argue that the legal system has to modify its sentencing policies to take into account the advances made in neuroscience due to the increase in the amount of accused and/or convicted people who have been found to have harbored some kind of brain disease or damage. Eagleman

John Muhammad and Lee Boyd Malvo were both arrested on October 24th, 2002. They were found sleeping in a Blue Caprice Chevrolet in a rest area near interstate 70 near a place called Myersville in Maryland. They were both capable to withstand trial. John Muhammad was convicted in Virginia on November 17th, 2003. He was convicted for two accounts of capital murder, the conspiracy to commit murder, and the illegal use of a firearm.

Death Penalty is a very ominous punishment to discuss. It is probably the most controversial and feared form of punishment in the United States. Many are unaware, but 31 of the 52 states have the Death penalty passes as an acceptable punishment. In the following essay, I will agree and support Stephen Nathanson's statement that "Equality retributivism cannot justify the death penalty. " In the reading, "An Eye for an Eye?", Nathanson gives objections to why equality retributivism is morally acceptable for the death penalty to be legal.

Jessie Townsend May 3rd, 2016 Prof. Allen Wong ASOC283 Why Kids Get Life The documentary “When Kids Get Life” delves into four cases involving juveniles who are serving life without parole in Colorado prisons. All of these juveniles are serving this time due to first degree murder among other charges they have received. The ages of these juveniles at the time of their crimes range from fifteen to seventeen and all of them still currently remain incarcerated. By applying different delinquency theories to each case, there is a chance that one could explain or even rationalize why these juveniles committed the crimes that they did.