Adolescents have been given an opportunity to receive a second chance to present well behaved manors. The juvenile justice system was established in 1899 due to harsh treatments children received in the criminal justice system. Provided the recognition of developmental differences of children and adult caused the rehabilitation idea to emerge. The death penalty disregards the purpose of the juvenile justice system’s beliefs that society should not give up on children. The death penalty is taking away any chance of minors receiving a chance to change. Juveniles who commit crimes have to face the consequences; however, receiving the death penalty would be a contradiction to the very beliefs the system was built upon. There have been 226 juvenile death sentences imposed. Twenty-two juvenile have been executed and 82 remain on death row (Juveniles and the Death Penalty, par1.). Juveniles who have never received their …show more content…
Supreme Court decided to review whether executing sixteen and seventeen year-olds violated the Constitution’s ban on ‘cruel and unusual punishment’ (Jordon, par. 2). This Constitutional ban is also known as the 8th Amendment. The 8th amendment prohibits the use of excessive bail, excessive fines, or cruel and unusual punishment. The view came about due to the death sentence of seventeen years old, Christopher Simmons, in the Roper versus Simmons case being over turned. In 1993, when at trial the jury immediately recommended the death sentence. This trial began what will become intense debate throughout the years. Many question what is considered cruel and unusual punishment. According to the U.S Supreme Court cruel and unusual punishment is defined as torture, infliction in a wholly arbitrary fashion, any punishment rejected by society, or anything patently unnecessary. In the Wilkerson versus Utah the Supreme court ruled that public dissection, burning alive, or disembowelment was considered cruel and unusual. In the Thompson versus Oklahoma case the Supreme Court constituted that if the defendant is a minor under the age of sixteen that the death penalty was cruel and unusual, and the Roper versus Summons case raised the age to anyone under