DEATH PENALTY FOR MINORS

Summary of Historical Tradition Changes: New Policy on the Death Penalty for Minors

Summary

The basis of the Supreme Court's opinion In the case of Roper vs. Simmons was founded on the principals of the several arguments established in a number of cases in previous years. The opinion of the courts was to agree with the national consensus that the death penalty for juvenile (Juvenile category includes minor law or prior to adulthood) offenders was brutal and strange punishment (Roper, 2005). The cases of Stanford vs. Kentucky, Atkins vs. Virginia and Thomas vs. Oklahoma are a few cases all concerning juveniles and the sentencing structure as well as whether or not juveniles should be sentenced to death where the executions of juveniles under the age of sixteen was prohibited, opening a provisional way for juveniles above the age of sixteen to undergo execution. Roper vs. Simmons however, broke the pattern and the decision was altered. Within the criminal justice arena, youth are more likely to benefit when lawmakers accept the limitations of their decision-making capacity. The Constitution forbids the putting to death of a youthful that was beneath 18 when he had committed a crime. The Missouri Supreme Court decided and set aside Simmons' death punishment in favor of life imprisonment with no eligibility for release.

A dissenting opinion is defined as a view written in a legal case by one or more judges convey their difference with the majority views of the court. Dissenting opinion of Roper v. Simmons case was written by Justice Scalia which is coupled with Chief Justice Thomas & Justice Rehnquist. They argued that the suitable question was not whether there was currently a consensus against the execution of juveniles, but rather whether the execution of such persons was believe brutal and strange at the ...