Too Young or Just Right?
Through history, the way society has dealt with consequences to previous unjust actions have evolved over the years, especially with children. In the 18th century kids were being sent to jail or killed for innocent crimes. Cyriaque Lamar, an expert on this time period states “During the Victorian era kinds as young as 11 received adult sentences for minor crimes”. These minor crimes included, stealing bread, slander, stealing books, and clothes. These kids were punished with months in jail. The United States Constitution explains that the 8th amendment prohibits the use and practices of cruel and unjust punishments. A handful of court cases have helped better explain situations dealing with kids. Kathleen M. Heide …show more content…
Professor Heide, explains that the kids are coming from a background of mistreatment, abuse, and drug use within the family. The law changed when these kids were given physiological examines. Many of these cases state that these kids dealt with cruel and unjust punishments in the courts. Therefore, the 8th amendment is now changing throughout the country to accommodate to these children’s needs. The 8th amendment in regards to children’s prosecutions vary among each state, but sentencing to death a child is now illegal.
On December 15, 1791 the 8th amendment was ratified in the United States constitution. Understanding the 8th amendment is fairly simple, “subjecting any citizen to cruel and unusual punishment. Other parts of the amendment prohibit the government from imposing fines or bail which are considered excessive” (The 8th Amendment to the Constitution). …show more content…
In most of these cases the environments in which these kids were raised in were very much unhealthy. The parents are usually physically there, but mentally in drug land. Simmons and Miller were not the only kids dealing with these kinds of issues at home. Terrance Jamar Graham lived in a house hold where both of his parents were addicted to crack cocaine. Graham was 16 when he got arrested for armed burglary. The court case stated that “Grahams masked accomplice twice struck the restaurant manager in the back of the head with a metal bar. When the manager started yelling at the assailant and Graham, the two youths ran out and escaped in a car driven by the third accomplice” (Graham V. Florida). He was tried as an adult as well as life in prison. With that being said, knowing the crime is not okay, but no one was killed. Whereas in Simmons and Millers case people were killed. Graham went to steal and got sentence with life in prison. The 8th amendment requires that the consequence is to fit the crime. As a 16-year-old boy living in the conditions he did it could have been worse. Grahams lawyers argued that “his sentence in state court, arguing that it violated the Eighth Amendment's prohibition against cruel and unusual punishment… he appealed to the U.S. Supreme Court, arguing that his sentence to die in prison for a non-homicide committed as a juvenile is unusual because only about seven percent of the
Through history, the way society has dealt with consequences to previous unjust actions have evolved over the years, especially with children. In the 18th century kids were being sent to jail or killed for innocent crimes. Cyriaque Lamar, an expert on this time period states “During the Victorian era kinds as young as 11 received adult sentences for minor crimes”. These minor crimes included, stealing bread, slander, stealing books, and clothes. These kids were punished with months in jail. The United States Constitution explains that the 8th amendment prohibits the use and practices of cruel and unjust punishments. A handful of court cases have helped better explain situations dealing with kids. Kathleen M. Heide …show more content…
Professor Heide, explains that the kids are coming from a background of mistreatment, abuse, and drug use within the family. The law changed when these kids were given physiological examines. Many of these cases state that these kids dealt with cruel and unjust punishments in the courts. Therefore, the 8th amendment is now changing throughout the country to accommodate to these children’s needs. The 8th amendment in regards to children’s prosecutions vary among each state, but sentencing to death a child is now illegal.
On December 15, 1791 the 8th amendment was ratified in the United States constitution. Understanding the 8th amendment is fairly simple, “subjecting any citizen to cruel and unusual punishment. Other parts of the amendment prohibit the government from imposing fines or bail which are considered excessive” (The 8th Amendment to the Constitution). …show more content…
In most of these cases the environments in which these kids were raised in were very much unhealthy. The parents are usually physically there, but mentally in drug land. Simmons and Miller were not the only kids dealing with these kinds of issues at home. Terrance Jamar Graham lived in a house hold where both of his parents were addicted to crack cocaine. Graham was 16 when he got arrested for armed burglary. The court case stated that “Grahams masked accomplice twice struck the restaurant manager in the back of the head with a metal bar. When the manager started yelling at the assailant and Graham, the two youths ran out and escaped in a car driven by the third accomplice” (Graham V. Florida). He was tried as an adult as well as life in prison. With that being said, knowing the crime is not okay, but no one was killed. Whereas in Simmons and Millers case people were killed. Graham went to steal and got sentence with life in prison. The 8th amendment requires that the consequence is to fit the crime. As a 16-year-old boy living in the conditions he did it could have been worse. Grahams lawyers argued that “his sentence in state court, arguing that it violated the Eighth Amendment's prohibition against cruel and unusual punishment… he appealed to the U.S. Supreme Court, arguing that his sentence to die in prison for a non-homicide committed as a juvenile is unusual because only about seven percent of the