Background:
Christopher Simmons planned and executed a plot to murder an older lady. He was 17 years old and sentenced to death. However, when Atkins v. Virginia was being reviewed (over the issue of giving the death penalty to the mentally ill), he brought up the case again for minors saying that the national opinion had changed and that the majority of Americans were opposed to the execution of minors.
Issue:
Does the 8th Amendment, by way of the 14th Amendment, declare that the execution of minors is unconstitutional?
Decision:
5-4
The Court ruled that giving the death penalty to minors is in violation of the 8th Amendment in that it is cruel and unusual. They said it was a disproportionate punishment for minors.
M - Kennedy, Souter, Breyer, Ginsburg
C - Stevens
D - Scalia, O'Connor, Thomas, Rehnquist
Opinion:
I agree with the Court's decision that the execution of minors is cruel and unusual because I believe it doesn't pass the four prongs. I think giving the death penalty, especially to a minor, is degrading to human dignity because it's basically telling you that "you're not fit to live in our society - we want you to die." In addition, it is vastly rejected throughout society because 'minors' includes not only 17 year olds, but also toddlers and elementary school kids. Because executing minors doesn't pass all of the prongs (because it for sure doesn't pass two of them), it is deemed a cruel and unusual punishment.
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