Juvenile and the Deat Sentence

Unit 1 Discussion Board Proseminar

It appears that over the years there has been much debate over a juvenile receiving the death penalty and this issue has raised many ethical implications within our society because you have many people and states that are in agreement with juvenile executions as well as the ones who are against that prefer to find an alternative sentencing options that avoid putting youths to death. In the Atkins v. Virginia, 536 U.S. 304 (2002) Chief Justice Warren stated his opinion is that the theory of law involving the Eight Amendment must draw its meaning from the evolving standards of decency that point to the progress of a maturing society. It is thought that these standards of decency should be measured by objective factors to the maximum achievable extent to include state legislation, sentencing decisions of juries and the views of entities with relative expertise (association, 2004). These decisions raised several issues about juveniles under the age of 18 and their mental and emotional competency as a part of his/her development to really know the difference between right and wrong. According to Blackstone’s view that a defendant cannot be executed unless he is able to assist in his own defense and at the age of 15 -17 I’m sure the juvenile is not totally aware of the laws they have been accused of violating (Rosen, 2005). Society’s view on juvenile executions will continue to be an issue of much debate but I agree with many court decisions that it is inhumane and unconstitutional and is the real definition of cruel and unusual punishment especially for a juvenile to be executed without the chance of rehabilitation or a chance at life. It is even said that most people don’t really reach the age of maturity until the age of 30 because that is when a person would have experienced life’s challenges and someone under 18 barely knows the definition of love let alone life.

The rulings of juvenile’s not being able to be executed before...