The Eighth Amendment prohibits cruel and unusual punishment. Discuss the opinions in the following cases regarding the courts application of the prohibition against cruel and unusual punishment to the death penalty. Kennedy v. Louisiana (2008), Atkins v. Virginia (2002), Roper v. Simmons (2005)
What will be an ideal response?
In Kennedy v. Louisiana (2008), the court held that imposing the death penalty in the case of a child rape where death of the child did not occur and was not intended is a violation of the Eight Amendment because it is disproportionate. The Atkins v. Virginia (2002) case made executing anyone who proved the three elements in the American Association on Mental Retardation (now American Association on Intellectual and Developmental Disabilities) definition applied to them violated the ban on cruel and unusual punishment. In Roper v. Simmons (2005), the court held that it is a violation of the Eighth Amendment to execute anyone who was under the age of 18 when they committed their crime.
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Describe the Miller v. Alabama case and the impact on the juvenile justice system.
What will be an ideal response?
Describe the three things that delinquency would result from, according to Reiss
What will be an ideal response?
__________________ theory is the view that intelligence is determined by environmental stimulation and socialization
Fill in the blank(s) with correct word
The U.S. Supreme Court upheld the practice of preventive detention in _____________________. They argued that the practice protects the juvenile and society from pretrial crime
a. Schall v. Martin b. in re Gault c. in re Winship d. McKeiver v. Pennsylvania