Essay on Life Without Parole for Juveniles Text

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length: 958 words 2.7 double spaced pages supreme court ruling graham v. Florida 2010 banned the use of life without parole for juveniles who committed non homicide crimes, and roper v. They both argued that these sentences violated the 8th amendment, which prohibits cruel and unusual punishment. While these landmark cases made great strides for the rights of minors passing through the criminal justice system, they are just the first steps in creating a juvenile justice system that takes into consideration the vast differences between adolescents and adults.

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Using sociological butler, 2010 and legal harvard law review, 2010 documents, this essay will explicate why the next such step to be taken is entirely eliminating the use of the life without parole sentence for juveniles, regardless of the nature of the crime being charged. In a modern western society where there is significant amount of research done of rehabilitation and criminal justice reform, the practice of sentencing jlwop juvenile life without parole seems outdated and primiti. With an emphasis on rehabilitation for juvenile offenders, and the goal of encouraging maturity and personal development after wayward actions, the futures of many teens in the criminal justice system can become much more hopeful. Butler, frank 2010 ‘extinguishing all hope: life without parole for juveniles’, journal of offender rehabilitation, 49: 4, 273 292 criminal law and procedure eighth amendment € juvenile life without parole sentences: graham v.

Our writers can help get your essay back on track, take a look at our services to learn more about how we can help. Essay writing service essay marking service place an order the criminal justice system is under constant scrutiny when sentencing juveniles under adult sentencing guidelines. There are continuous debates' regarding three important matters: 1 should juveniles be subject to the death penalty, 2 should juveniles receive life without parole for non homicide offenses, and 3 should juveniles receive mandatory life without parole. Florida said, juvenile offenders cannot be sentenced to life without parole for non homicide offenses hess, orthmann, amp wright, 2010. Supreme court addressed mandatory life without parole sentences and decided it violates 8th amendment rights when sentencing juveniles. Based on societal norms, the majority of american citizens would agree with the u.s. Supreme court's decision therefore, those responsible for sentencing should have the ability to consider mitigating and aggravating circumstances miller v.

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Most of us are aware juveniles faced the death penalty for centuries, prior to the roper v. The first recorded execution in the united states took place in plymouth, massachusetts. Thomas gaurner, 17, charged with twelve counts of buggery , also known as bestiality, was convicted, and sentenced to death by hanging in 1642 colonial crimes and punishments, 2003. Scott allen hain, charged with two counts of first degree murder, convicted, sentenced to death, and executed in 2003 became the last individual executed after conviction as a juvenile hain v. Between these two cases and over the course of 370 years, approximately 365 individuals executed after conviction as a juvenile. Extraordinarily, upon the reinstatement of the death penalty in 1976, after a brief suspension in 1972, only 22 individuals were executed in a 29 year period death penalty information center, 2012. These facts express society's uncertainty regarding the sentencing of juveniles to death ultimately, making the death penalty an ineffective deterrent for juveniles.

Simmons, in 2005 just reinforced society's opinions concerning death sentences, and made it easier for judges and juries during the sentencing phase. The decision to eliminate the death penalty for juveniles commuted 72 individuals from execution. The sole principle of the juvenile justice system is to grant an offender with the opportunity for rehabilitation, avoiding the stigma, labeling, and the relinquishing of certain constitutional.

On the other hand, the juvenile justice system also has the capability of transferring a juvenile offender to criminal court depending on the offender's age, competence, and crime committed. Simmons, the justice system and the united states supreme court, needed to address and review life without parole sentences given to juveniles convicted in criminal court. Florida, a case involving a 16 year old who committed armed burglary and another crime and made a plea agreement. The plea agreement sentenced graham to probation and withheld adjudication of guilt. Graham violated his probation terms, which gave the court the ability to revoke his probation, adjudicating him guilty, and sentenced him to life in prison without parole graham v. Supreme court reversed and remanded the case, acknowledging juveniles sentenced to life without parole is unconstitutional for non homicidal offenses graham v.

According to the case document, there were 129 individuals sentenced to lwop for non homicidal crimes, at the time the case was under review graham v. This decision paved the way for further interests regarding lwop sentences involving homicide offenses. Supreme court decision focused its attention on mandatory life without parole sentences for juveniles convicted of homicidal offenses. While the court reviewed the constitutionality of sentencing juveniles to mandatory life without parole, approximately 2400 individuals could potentially petition the courts for a resentencing hearing if found to be unconstitutional kelly, 2010. Both miller and jackson argued mandatory life without parole sentences for juvenile offenders tried in criminal court violate both their eight amendment rights and fourteenth amendment right. Both cases involved 14 year old boys who were convicted of murder and sentence to life without parole based on state sentencing laws.

When the boys arrived at the location, jackson remained outside during the majority of the crime. He then decided to go inside and while inside the other boy shot and killed the store clerk. According to arkansas' state statutes, anyone convicted of such a crime will receive a mandatory life sentence without the possibility of parole miller v. Alabama, after a night of consuming alcohol and using drugs, miller and a friend decided to commit burglary, and during the course of the burglary, the victim assaulted miller. Miller and friend left the trailer and returned in order to get rid of the evidence by setting fire to the trailer. After the victims autopsy, the pathologist discover the victim had died from smoke inhalation caused by the fire.

Miller was found guilty of murder in the course of arson and according to alabama state statues, a crime of this nature will receive a mandatory life sentence without the possibility of parole. Wyoming, mi the decision of whether young criminals should be tried in juvenile courts or adult courts has created a lot of controversy throughout the years. The ones who are tried as adults often undergo a very harsh punishment, considering the fact that they are very young. The film when kids get life directed by ofra bikel shows the cases of several teenagers who got sentenced to life without parole. He was charged for felony murder, even though it was never completely clear who was the one who killed17 year old kristopher lohrmeyer.

Two of the other suspects made deals with the prosecutor, pleading guilty to second degree murder and naming andy as the triggerman, frontline: when kids get life. But that was not the reason why he was convicted, but for being part of a carjacking at the time of lohrmeyer’s murder. A year later, andy was sent to a much more strict adult jail because police officers claimed that he was leader of a dangerous gang that started a riot in a facility. He did not know what they were talking about, but could not do anything about it. Andy is currently in the colorado state penitentiary, the state’s supermax facility , where he has served more than four years locked down in solitary confinement twenty three hours a day. For a teenager, this punishment is too severe, especially because it was not even clear if he was the one who committed the murder. The fact that the police officers made a false allegation of andy being part of a gang and got sent to an atrocious prison, makes the whole situation worse.

He was merely a teenager when everything happened and should have been tried according to his age. The same film, when kids get life , states the case of trevor jones a sixteen year old that was charged for felony murder. But trevor accidentally pulled the trigger and killed matt foley, who was seventeen.

At the trial, the jury determined that what happened was reckless manslaughter, a very bad accident. But because it happened while he intended armed robbery, he is responsible for the death that was caused within the crime. His age and the fact that he did not mean to pull the trigger should have been considered at the time of determining his sentence. Life without parole is a very rough punishment for a teenager and should not be allowed to be assigned to him or her.

He was fifteen years old when he was charged for first degree murder for killing his mother and stepfather, after years of mental, physical and sexual abuse. At the time of the trial, jacob’s brother explained that the reason why he killed them was in order to end the abuse that had been going on for years. Prosecutors said that he was exaggerating the abuse to give jacob an excuse to kill. The jury felt sympathy for them, but said that her hands were tied at the moment of determining his sentence because there are not any exceptions in the sentencing law for first degree murder, regardless of age or circumstances surrounding the murder.

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