Child Abuse Revised

Child Abuse Revised - 1 Keary Hoffman Professor Marcinik...

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Keary Hoffman Professor Marcinik Eng. 015 12 March 2010 Child Abuse and Death Penalty The death penalty issue has always been one of the most important issues of the modern system of justice. Years ago a majority of criminals were male, and over 20 years of age, but today the conditions have changed dramatically. Not only by grown-ups but also by children who are less than 18 years old currently commit murders and crimes. Generally, a young criminal is not applied to the same limitations for their crimes as a grown criminal would be; however, if it mainly is about capital punishment people talk about the death penalty for juveniles. The year of 1988 was a very significant year of the United States of America by talking for the use of the death penalty for juvenile criminals. Before that year, a fifteen year old could be a sentenced to a death penalty for capital punishment. The Supreme Court in 1988, refused to sentence the death penalty to criminals that were under the age of sixteen. Even so, in 1988 the result did not persuade most states to have the death penalty sentenced to juveniles. The Supreme Court always stated that the death sentence of underage children was a disgrace to the Constitution, which means that a child is considered to be anybody under the age of eighteen years old. The death penalty toward children less than eighteen years of age is morally wrong; killing a child states that killing a weaker human being which a basic necessity is required, such as care or interest from his or her parents. As each culture tries to be more modern, the likelihood of the truth that an eighteen year old is considered and would be as guilty as if a grownup, who was also a criminal. 1
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One of the most popular cases of this was the case of Roper vs. Simmons. “In the infamous case of Roper v. Simmons , the Court utilizes panoply of activist “tools.” The judges engage in judicial imperialism, citing their own “independent judgment” as authoritative. They also imported foreign law into Eighth Amendment jurisprudence, clearly unable to justify their conclusion with U.S. law. Further, following the past precedent of other activist cases, the judges relied on the so-called Living Constitution to make the Constitution comport with their self-described enlightened sensibilities” (Ropervsimmons). Organizations such as AACAP (The American Academy of Child and Adolescent Psychiatry), the ASAP (American Society for Adolescent Psychiatry), and APE (American Psychiatric Association) have claimed they found significant data against the death penalty for children under the age of eighteen. The most important fact that these organizations have found is that the prefrontal cortex is the main center of the human brain, as it is the part responsible for the most significant functions of the brain such as – planning, anticipation, controlling impulses, and also is responsible for abstract thinking. And
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This note was uploaded on 04/03/2010 for the course CMPSC 121 taught by Professor Crawford,georgew during the Spring '07 term at Penn State.

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Child Abuse Revised - 1 Keary Hoffman Professor Marcinik...

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