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Teenagers and the Death Penalty This paper will

This paper will discuss whether or not teenagers should be sentenced to death. The first part of the paper will discuss the constitutional history of the death penalty. The second part of the paper will discuss the application of the death penalty to teenagers.

The death penalty has existed throughout American history. Its continued use indicates that it has been accepted as a means of punishment for individuals convicted of the most serious crimes. The U.S. Supreme Court as a whole has never questioned its existence as a legitimate form of punishment. The Eighth Amendment to the U.S. Constitution prohibits the infliction of cruel and unusual punishment and the Supreme Court has never considered the death penalty to be cruel and unusual. Indeed, few courts have considered the death penalty to be cruel and unusual and no statute authorizing the death penalty has been struck down on the basis that the death penalty itself is cruel and unusual.

The prohibition of cruel and unusual punishment was interpreted by the Supreme Court in 1958 as being based upon "evolving standards of decency that mark the progress of a maturing society." Consequently, whether or not a particular type of punishment is cruel and unusual will depend upon the mores and standards of society at the time the decision is made. The interpretation given the Eighth Amendment by the Supreme Court assumed that society will always be maturing, that social progress is inevitable. What was acceptable as punishment during a meaner, rougher past may be unacceptable in a kinder, gentler present. As society evolves, so does punishment; elevated standards of decency require more humane forms of punishment.

As yet, American society has failed to attain sufficient standards of decency to require the abolition of the death penalty. On the other hand, it has evolved to the point where the Court has said that a jury is not allowed absolute and unguided discretion...

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Teenagers and the Death Penalty This paper will. (1969, December 31). In LotsofEssays.com. Retrieved 10:12, March 29, 2024, from https://www.lotsofessays.com/viewpaper/1691670.html