Teenagers and the Death Penalty This paper will

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 in

. . .
s intentional murder. This thinking places them on the same level with insane and retarded persons. Their intellectual and moral beings have not yet completely formed, although they may have attained physical maturity. As a result, it is argued that minor individuals lack the competence to understand the illegality of their acts, or to even discern the rightness or wrongness of these acts. Thus, it would be wrong for the adult justice system to judge the acts of juveniles on the same level as those of adults. The adult justice system is based upon punishing the intentionally wrongful acts of individuals who otherwise have the capacity to understand that their acts are wrong. Reality, of course, is murkier than this supposition. Most children, in fact, are able to distinguish between right and wrong. Guilt is a part of childhood, though it may have to be instilled by parents and guardians. Rare is the child who has not felt some pangs of guilt after having treated a playmate in a mean fashion, though these momentary twinges may not be enough to trigger an apology or some sort of restitution. More effective is the punishment inflicted by adults in authority, punishment usually measured by the gravity of the offending act.
. . .

Some common words found in the essay are:
Bill Rights, Supreme Court, Death Penalty, Accordingly Court, death penalty, Amendment Constitution, Twentieth Century, cruel unusual, supreme court, justice system, serious crimes, standards decency, paper discuss, capital crimes, death penalty cruel, penalty cruel unusual, penalty cruel, Eighth Amendment, standards decency require, capital crimes juveniles, unusual punishment, committed capital crimes,
Approximate Word count = 1622
Approximate Pages = 6 (250 words per page)

More Essays on Teenagers and the Death Penalty This paper will