There is no doubt that the two separate cases of Roper v. Simmons and Thompson v. Oklahoma the act of murder was committed by minors who were tried, convicted, and deserving of a fitting punishment. However, in this analogy between the primary and secondary analogue, the argument of Roper v. Simmons is if a minor under the age of 18 should be sentenced to Capital Punishment, and if doing so is a direct violation of the Eighth Amendment citing cruel and unusual punishment (Roper v. Simmons, 2005). The Supreme Court ruled in the case of Thompson v. Oklahoma, “that executing persons for crimes committed at age 15 or younger constitutes cruel and unusual punishment in violation of the Eighth Amendment” (Roper v. Simmons, 2005). In part, because Oklahoma’s death penalty statute set no minimum age limit in which he or she would be sentenced to death (Flaherty, 2002). The intent behind the death penalty is to one deter acts where he or she would be sentenced to death and two to punish the convicted criminal. Ultimately, the lower Missouri Supreme Court sided with Roper and ruled that
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Simmons and Thompson v. Oklahoma is where two minors are sentenced to the death penalty. A case is argued that capital punishment of a minor is a form of cruel and unusual punishment under the Eighth Amendment (Roper v. Simmons, 2005).
Number of Similarities
The Simmons and Thompson were minors that committed heinous murderous acts. Both were tried and convicted as adults in a court of law and as a result, both were sentenced to the death penalty. Both cases address the issue of culpability of a minor and the extenuating circumstance of their lives that brought them to a place in their life where they would commit such crimes such “victims of abuse or other noxious influences” (Flaherty, 2002). In addition, both cases set a precedence that other courts will follow in similar court cases.
Nature and Degree of
Simmons and Thompson v. Oklahoma is where two minors are sentenced to the death penalty. A case is argued that capital punishment of a minor is a form of cruel and unusual punishment under the Eighth Amendment (Roper v. Simmons, 2005).
Number of Similarities
The Simmons and Thompson were minors that committed heinous murderous acts. Both were tried and convicted as adults in a court of law and as a result, both were sentenced to the death penalty. Both cases address the issue of culpability of a minor and the extenuating circumstance of their lives that brought them to a place in their life where they would commit such crimes such “victims of abuse or other noxious influences” (Flaherty, 2002). In addition, both cases set a precedence that other courts will follow in similar court cases.
Nature and Degree of