In Roper v. Simmons, what was basis of the U.S. Supreme Courts’ opinion?
From both the fourteenth and the eighth amendment of the United States constitution, the accused needs to be between fifteen and eighteen years to be convicted. From the case study, Simmons was accused and arrested for the murder of Shirley Crook while he was still seventeen years of age. Therefore, he is within the constitution's stipulated age bracket, and the law can convict him. As stipulates by the court, the reason for arrest includes kidnapping, burglary, and first – degree of murder instigation towards Ms. Crook. However, Simmons is not year 18 years of age (Roper, 2004). Based on the evidence presented in court and the various surrounding factors, Simmons will be convicted for murder when he turns eighteen years old. At the moment, he will be placed in juvenile custody until he is ready to serve his conviction judgment. Because of a second petition and the issue of age being considered and instigated by the eighth amendment of the United States constitution, Simmons cannot be convicted at seventeen years. The American constitution's eighth amendment stipulates that a crime committed by a juvenile while under the age of eighteen years cannot be convicted to the death penalty (U.S. Const., n.p). From the constitutional law, the state law has adopted the idea of deterred conviction of juveniles. There is the retaliation of life imprisonment as capital punishment, and there are no paroles to be given. The fourteenth amendment of the constitution supports the conviction for the developmentally disabled person under eighteen years of age.
What was the dissenting opinion?
According to the jury and prosecutor involved in the case, there is the retardation of the prosecutor's options. The court needs to be scared of the 17 years old accused person since several mitigating factors (Roper, 2004). Some of the factors include age and mental retardation, which are the key contributors to the planning, and accomplishment of the murder of Ms. Cook. The dissenting opinion between the jury and the court is based on the inability to implement the eighth effectively, and the fourteenth amendment of the constitution is offering a judgment. A key consideration should be on the jury and the prosecutor's opinion while implementing the eighth and fourteenth amendment. There is the value of under restriction where the defense of the counsel can mitigate the factors. The strategy will be effective in preventing the offering of a death sentence as the judgment. There was a jury division, but the court upholds a dissent position in considering the factors for mitigation, mental instability, and the various responsibilities towards his siblings. However, that was not enough to pursue and create and change the verdict given by the court.
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What policy and treatment implications can you envision as a result of this decision?
The justification of the second petition was based on the factors for mitigation. Some of the factors in consideration include the time that the crime was committed and how the post-conviction was handled. The policy for considering the various mitigating factors is crucial to what action should be taken and deal with the death penalty idea. The main challenge is on effective communication and creating a value that will support the court's stance. The policy will be effective in deterring any future that will be taking place without considering juvenile recommendations. Any future proceedings will have to follow a similar pattern, and the defense counsel will have to consider using the same mitigation factors. There will be effects on the credibility in the long-run, and thus, the policy should be taken through a re-amendment so that it can accommodate the juvenile factors. It will also be an opportunity for the juvenile to take advantage of the court's system towards pleading not guilty and put a key focus on the use of age conviction.
Do you believe that juveniles should be put to death? Why, or why not .
No individual is above the law, and in most instances, it will seek to justify justice. The law cannot allow under-age people to commit a crime without going through a trial or conviction. It will ensure that the community is defended with similar objectives and justify actions taking place in the community. There are various ethical considerations in the current capital punishment. A critical consideration is a morality and how to ensure that the law considers humans' value before rendering a judgment. The government needs to place more value on life, and the law should indicate the essence of improving and developing the various aspects of life. There is a need to evaluate the extent of capital punishment according to the community's moral values.
Discuss how you evaluated the credibility of the resources used?
The credibility of the sources used was based on the source. Sources such as the constitution were obtained from the United States government website. The case was obtained from the supreme court website. The credibility of the sources is also based on the review. The sources are peer-reviewed, and that makes them credible and reliable in the provision of information.
References
Roper, S. (2004). Potosi Correctional Center v. Christopher Simmons , 543 . (2009). Roper, Superintendent, Potosi Correctional Center v. Simmons: certiorari to the Supreme Court of Missouri. Supreme Court Cases: The Twenty-first Century (2000 - Present), 1–5.
U.S. Const. Fourteenth Amendment. (n.d.). Retrieved from https://constitution.congress.gov/contitution/amendment-4/ . Accessed 13 February 2021.
