Tuesday, February 4, 2020

Roper v. Simmons Essay Example | Topics and Well Written Essays - 500 words

Roper v. Simmons - Essay Example Virginia, 536 U.S. 302 (2002)). When Simmons became aware of this ruling, he submitted a petition for a writ of habeas corpus and requested post-conviction relief based on the assertion that the reasoning of Atkins established a Constitutional protection against the death penalty for a convicted individual who was a minor when the crime was committed. The Supreme Court of Missouri agreed with Simmons’ and Roper (on behalf of the State of Missouri) appealed to the United States Supreme Court. At 17 years of age, Christopher Simmons discussed the ideal of murdering someone as a â€Å"prank† with some friends. His reasoning was that they would not get caught and if they were, they were juveniles and there would be little consequence. At 2:00AM on the morning of the murder, he and his accomplice broke into the house of Shirley Crook. They used duct tape to cover her eyes, mouth, and hands and put her in her own minivan. They then drove to a state park, covered her head with a towel, and walked her to a railroad trestle spanning the Meramec River. At that point they, they tied her hands and feet with electrical wire, covered her entire face in duct tape, and threw her into the water. Approximately nine months later, at the age of 18, Simmons was convicted of first-degree murder and sentenced to death. His case was taken by the Supreme Court on the question of the constitutionality of applying the death penalty to criminals who were juveniles when their crime was committed. Yes. Executing convicted felons whose crimes were committed prior to their turning 18 years old is a violation of the cruel and unusual punishment clause of the Eighth Amendment as well as the equal protection clause of the Fourteenth Amendment. The Court recognizes the Eighth Amendment’s preclusion of cruel and unusual punishment, and has established the propriety of

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