Example research essay topic: U S Department U S Supreme Court - 1,695 words

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In Atlanta, former President Jimmy Carter said, This ruling acknowledges the profound inconsistency in prohibiting those under 18 years of age from voting, serving in the military, or buying cigarettes, while allowing them to be sentenced to the ultimate punishment (U. S. Department of State, 2005) The death penalty will always be a subject that is debated nation and world wide. There will never be a compromise between the two parties involved in the argument.

Within capital punishment, there are many subcategories that are argued over. There is the death penalty for mentally ill patients, women, and juveniles. This paper will go into detail about the end of the death penalty for juveniles and the statistics of the death penalty for juveniles. A closely divided Supreme Court ruled March 1, 2005 that the death penalty cannot be imposed on youthful murderers who were not yet 18 years of age at the time they committed the crimes, ending a practice used in 19 of the U. S. states (U.

S. Department of State, 2005). The court had decided that the law compromised the eighth amendment in the constitution. The court came to the ruling with a 5 - 4 decision.

In concluding that the death penalty for minors is cruel and unusual punishment, the court cited a national consensus against the practice, along with medical and social-science evidence that teenagers are too immature to be held accountable for their crimes to the same extent as adults (Lane, 2005). Although the courts take a step in the correct direction at this stage in the process, they have to acknowledge that they put this practice in effect in the first place. In 1989, the law was written to allow juvenile executions even though the public was told to treat children differently. Religious leaders and organizations have been powerful lobbies on both sides of the death penalty debate, even if congregation members don't always follow their leaders' teachings. In June the Supreme Court barred executions of mentally retarded people, and observers say it may again take up the question of juvenile murderers (Chewinthefat.

com, 2002). The religious community plays an extremely large role in the choices of the death penalty debates. While most religions oppose the death penalty, there are some that are for it. The bible states that there should be an eye for an eye. If this is so, the death penalty should be legal. There is a story where a brother kills his own brother and is not murdered after that.

Most religions base their opinion on the Bible even though it is full of contradiction. The ruling was made to overturn a 1989 ruling that allowed the death penalty for ages 16 and up. Since the United States had been isolated on the issue worldwide, they wanted to put an end to it. In his 25 -page opinion, Kennedy noted that until now the United States was the only country in the world that still gave official sanction to the juvenile death penalty, where 19 of the world's 39 executions of youthful offenders have been carried out since 1990. The other countries that carried out such executions were Iran, Nigeria, Pakistan, Saudi Arabia, China, Yemen and the Democratic Republic of Congo (U. S.

Department of State, 2005). When reading through these counties, the United States is placing themselves with a group of counties that they would consider third world countries. If the United States is so supreme and better than these countries, why are they executing juveniles in the same way that these countries are. Since these countries are the only countries that practice it, the United States finds itself extremely out of place with the rest of the world. In 1988, the U.

S. Supreme Court held that execution of a youth who was less than 16 years old at the time of the crime was in violation of the cruel and unusual punishment clause of the Eighth Amendment (Thompson v. Oklahoma, 487 U. S. 815, 1988) (WIENER, 2004). Before the ruling by the Supreme Court was made, there were 72 juvenile offenders on death row.

When the Supreme Court made it illegal, all of these cases became void. The following is data that was compiled on September 15 th, 2004. 2004 USA 0 juvenile offenders executed 2 juvenile offenders sentenced to death Rest of the world 4 juvenile offenders reportedly executed (Iran and China) 0 juvenile offenders reportedly sentenced to death 2003 USA 1 juvenile offender executed 2 juvenile offenders sentenced to death Rest of the world 1 juvenile offender reportedly executed 1 juvenile offender reportedly sentenced to death 2002 USA 3 juvenile offenders executed 4 juvenile offenders sentenced to death Rest of the world 0 juvenile offenders reportedly executed 0 juvenile offenders reportedly sentenced to death 2001 USA 1 juvenile offender executed 7 juvenile offenders sentenced to death Rest of the world 2 juvenile offenders reportedly executed 0 juvenile offenders reportedly sentenced to death There are only six countries in the entire world that practice the death penalty for juveniles. Between the 1980 s and 1990 s, the United States held the highest number of juvenile executions. China has the highest number of executions per year, yet they do not hold an execution for a person under 18 years of age. Execution of those aged under age 18 has occurred in the Democratic Republic of the Congo, Pakistan, Yemen, Saudi Arabia, Nigeria, and Iran since 1990 (Wikipedia). There are many reasons why the death penalty is not practiced in many countries across the world.

While parenting, every resource states the same principle of treating children differently than adults. Impulsiveness, poor judgment, and a lack of self-control are frequently characteristics of childhood and are the reasons we limit many of the rights of minors. The age, maturity, mental status, and any childhood history of abuse / trauma of a youthful offender should always be considered mitigating factors in deciding an individuals punishment. Since 1992, almost every state has made it easier to try juveniles as adults. Many youth are being waived into adult court, are serving long-term sentences in adult facilities, or are being sentenced to death. Among the general population of youth, mental health problems affect one in every five children at any given time; two-thirds of youth are not receiving care for these problems.

Between 50 - 75 percent of youth in the juvenile justice system have a diagnosable mental health disorder; one of five has a serious emotional disturbance. Between 1994 and 1999, the juvenile arrest rate dropped 36 percent for violent crimes. (National, 2005). These are just some of the reasons stated by the National Mental Health Association. And yet, juveniles were allowed to be executed in the United States. Not until 17 years later did they realize the mistake they had made. The United States is an extremely powerful nation, and should have had more control over their decisions instead of letting such a mistake go for over 15 years.

Instead of sending juveniles to be executed, maybe alternatives should be looked at. First, the parents should never be involved. As many people believe that the parents are the people that the courts should look at, this is a false accusation. A parent cannot possibly know everything that a child is doing, thinking, and experiencing. The parent should be there, but that does not mean they know what is going on with the child.

Media plays a huge role in the development of a person today and that is a major problem for most children and teenagers. They see violence and expect that it is ok. Having more programs for teenagers to be involved with is another major factor that is ignored in the high schools of the United States. If the students had more activities than sports, than maybe there would be more of an interest in more students than just the athletes.

The high American high school system is another major problem for the development of children and teenagers today. It was a system that was built in the 1700 s and should have been updated decades ago. It no longer provides children with the education and attention that children need. The death penalty for juveniles was a major mistake in the history of the United States. Now that the mistake has been corrected, it is still difficult to look back on it.

There are also other sides of the story as well. If a personal family member is murdered by a 17 year old, more than likely, the family will want them executed. That is where the endless debate comes into play. Instead of looking at how to get rid of the death penalty, more time and effort should be spent on how to prevent the murders in the first place. The death penalty will be debated for until the end of time. Until then, at least the United States has come away from the position of the third world countries and put an end to the death of juveniles.

Making it illegal to put juveniles to death was a major stride in getting rid of the death penalty all together, and soon, we may even see the complete end of the death penalty. References Lane, C. (2005, Mar 2). 5 - 4 supreme court abolishes juvenile executions. Washington Post, Retrieved Dec 23, 2005, from web ABA Juvenile Justice Committee, (n. d. ).

Juvenile death penalty. Retrieved Dec. 23, 2005, from Juvenile Death Penalty Web site: web American Psychological Association, (2004). Retrieved Dec. 23, 2005, from Determining the death penalty for juveniles Web site: web Wikipedia, (n. d. ). Retrieved Dec. 23, 2005, from Capital punishment Web site: web U. S.

Department of State, (2005). Retrieved Dec. 23, 2005, from U. S. Supreme Court Ends Death Penalty for Juveniles Web site: web Chewinthefat.

com, (2002). Retrieved Dec. 23, 2005, from Death Penalty for Juveniles? Website: web National Mental Health Association, (2005). Retrieved Dec. 23, 2005, from Talking Points onthe Death Penalty and Juveniles Web site: web

Research essay sample on U S Department U S Supreme Court