Juvenile delinquents are being incarcerated and given the same punishment as adults are given, there are different factors to why this is a continuous problem. Recidivism rates, the mental capacity of juveniles, and the rights a juvenile hold are reason to why this is a problem. In the Atkins v Virginia case, the supreme court ruled the mentally retarded being sentenced the death penalty as unconstitutional and cruel and unusual punishment, under the eight amendment. In correlation to the Atkins v Virginia case, is the Roper v Simmons case. The Roper v Simmons case ruled the death penalty for juveniles as cruel and unusual punishment because a child under eighteen years old is not mentally developed yet, therefor they fall under the same consideration
