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.
In major media organizations in American such as USA Today, New York Times, NBC, and ABC, there is a media monopoly. These major organizations all practice pack journalism. They all use the same basic resource and method for gathering their material and then they write or report the same general information. Because of this, it is highly unlikely to receive diverse views on an issue from these ...
The rulings of juvenile’s not being able to be executed before the age of 18 has effecting the criminal process of adults because it is said after the age of 18 you are now classified as an adult and will be judged accordingly and basically you cannot use the excuse that you were not mature or mentally and emotionally competent. I also think that it raises issues of capital punishment as a whole and if it is effective as a deterrent not to mention inhumane. A number of states have already removed the death penalty and it will continue to be an issue of debate as well.
In Today’s society the majority of states have set up an extensive body of basic rights and protections for victims. The Victims’ Bill of Rights movements have significantly influenced the way in which a victim is treated within the state, federal and local levels within the criminal justice system. These rights were set up to protect as well as defendants. A victim has the right to notified of proceedings and the status of a defendant; to be present at certain criminal justice proceedings; to make a statement at sentencing or other times; and to restitution from a convicted offender. Victims also have the right to receive help and or counseling to help assist them in the process of court proceeding and provide counseling and other services to help them recover as a victim (The National Center for Victims of Crimes).
The new victim rights in most cities have been helpful to victims of crimes and I know being a victim of a violent crime when my 21 year old son was shot and killed in 2010, if it hadn’t been for the victim services in my community I don’t know where I would be today. They were very helpful in helping my family and I receive the necessary services to help us in our time of need. It was very helpful and I’m grateful for these types of services in communities today.
Violence in Media: You Are What You Watch The rising tide of crime in North America exists primarily in the minds of the media. Television has created a perception that crime has multiplied, double or triple, in the past quarter-century due to violence. In fact, US Justice Department survey data shows, crime in the US has dropped 24 percent since 1971 and violent crime is down 2 percent. Crime ...
A violent crime is defined as a behavior by a person or property that intentionally threatens, attempts, or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will alter the crime’s seriousness. Of all violent crimes, homicides are the most serious — a crime that results in the death of another human being. Homicide can be charged as an intentional killing such as murder or manslaughter or as a negligent killing such as involuntary manslaughter (Inc., 2012).
association, A. B. (2004, January).
Juvenile Justice System. Retrieved from Cruel and Unusual Punishment: The Juvenile Death Penalty: http://www.americanbar.org/content/dam/aba/publishing/criminal_justice_section_newsletter/crimjust_juvjus_EvolvingStandards.authcheckdam.pdf
Inc., U. (2012).
USLegal. Retrieved from Violent Crimes Law and Legal definition: http://definitions.uslegal.com/v/violent-crimes/
Rosen, J. (2005, March 21).
Court Outsourcing. Juvenile Logic. New Republic, pp. 11-13 Retrieved from EBSCO Host Database.
The National Center for Victims of Crimes. (n.d.).
Retrieved from Victims’ Bill of Rights: http://www.ncvc.org/ncvc/main.aspx?dbName=DocumentViewer&DocumentID=32697