Tuesday, December 1, 2009

Juveniles Sentencing

Over the past few weeks some people have been posting blogs about whether or not it is acceptable for juveniles to be sentenced to death or sentenced to life in jail for committing certain crimes. I recently did a lot of research on this topic. The amount of juveniles that commit murder in the United States is staggering compared to other nations. When a juvenile commits homicide, depending on the age and the circumstances of the murder, (s)he can be sentenced to life in jail without parole. There are always circumstances in any murder case that can change the outcome of the case. Jacob Ind was 15 when he shot his mother and stepfather to death in his home. He had been abused by his stepfather, both physically and sexually, for most of his life and every night there was a chance that he would be put in these awful circumstances. His mother also emotionally abused him, constantly reminding him that he was only conceived to save her first broken marriage and that he was a constant reminder of her life's mistakes. I am by no means suggesting that Jacob was justified in brutally murdering his mother and stepfather, but the evidence of his abuse was virtually dismissed in the case and never discussed to the extent it should have been. He was sentenced to life in prison without the chance of parole and his chance at any kind of life was over at the age of 15. I do believe that in some cases, some charges are without forgiveness and reproach, but not always. A child is a child and in cases where abuse is a factor, it needs to be taken into account and understood. Jacob deserved a chance at rehabilitation and he never got it.
The abolition of the death penalty for juveniles occurred in 2004 on the grounds that it is cruel and unusual punishment. It is now barred by the Constitution. I do believe that this was the right move by the Supreme Court to give children the option to live the rest of their lives and give a chance for rehabilitation and retribution for those children who committed the unthinkable of crimes.

5 comments:

  1. I am sorry, but I completely disagree with your opinion on this matter. While it is true that there are many special cases where all of the facts, including abuse, need to be looked at carefully and taken into consideration during a trial, there should absolutely not be a prohibition on the death penalty for juveniles. How can we draw this line that anyone younger than 18 doesnt have the same culpability as someone only a few months older than them. I am not saying that every homocide committed by a juvenile should be punishable by death, but this option should exist. If a 17 year-old youth plans out and committs murder with no provocation, why should he not face the same consequences as someone who is 18?? Just because a person is under 18 doesnt mean that they should be completley sheilding from the possibility of capital punishment.

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  2. When it comes to juveniles receiving the death penalty I have mix views about it because killing someone at the age of 18 is so young. I do agree with the above post what if the offender planned out the crime and knew what he was doing; why he or she doesn’t deserve the death penalty? I just feel why kill someone so young and he or she can have the chance to be rehabilitee. Also at the age the offender probably went through a lot of social and economic issues. I rather put the offender in prison for life and make the offender suffer. I personally feel giving the death penalty is the easy way out.

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  3. I would like to agree with you with the assertion that due to abuse and personal situations juvenilles should be granted some understanding, yet I cannot. The fact of the matter is that committing murder is a heinous crime. Every human being experiences traumatizing events at some point in their lives, yet that does not justify the act of murder. I personally feel that insanity and other pleas in that category are pathetic excuses.

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  4. I really feel as though case by case is the way to go. Some 18 year olds are not capable of knowing what they are doing when they are killing someone, as well as some 50 year olds are not. However, some 15 year olds are capable enough to know what they are doing, and they should be sentenced as such.

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  5. Juveniles are not held to the same standards as adults in the United States. This is evident simply by the norms of our society. If a 15-year-old kid steals something from a store, he gets a slap on the wrist. "He is just a kid and doesn't know better." If a 25-year-old commits the same crime, he could potentially go to jail. The point is our society has always treated children, well, as children and adults as adults. This kid that was sentenced to life in prison with no parole at the age of 15 is ridiculous. His head obviously is not on straight, but that is understandable because he is a kid. Further, he was abused in every way possible.

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