Download DOL: TWW the Eighth Amendment and how the U.S. Supreme Court

DOL: TWWB given the Eighth
Amendment to research and how the
U.S. Supreme Court makes
determinations about what constitutes
cruel and unusual punishment through
the example of the death penalty for
juveniles.
Overview
• On January 26, 2004, the U.S. Supreme Court agreed
to reconsider whether the juvenile death penalty
violates the Eighth Amendment’s prohibition against
cruel and usual punishment. The case was heard by
the court in March 2005. During this lesson, you will
read and discuss a NewsHour article and learn key
facts about the juvenile death penalty in the U.S. Then
you will discuss how the court has made decisions in
the past about what constitutes cruel and unusual
punishment. Finally, your group will judge for
yourselves whether the juvenile death penalty today
violates the Eighth Amendment by applying previously
established principles of law to your analysis. Then
you will discover the Supreme Court decision.
• Christopher Simmons committed murder at age 17 in
Missouri. Napoleon Beazley committed murder at age 17 in
Texas. They were both tried as adults and received death
sentences. Christopher was raised in an alcoholic,
dysfunctional family. His stepfather was psychologically and
mentally abusive. Christopher had no previous criminal
record. A psychologist found that he suffered from mental
illness. Napoleon had never been arrested before the murder.
He was senior class president, and was runner up for his high
school’s title of “most athletic.” He was a regular church-goer
and was highly regarded by its members. He had a reputation
for being “polite, courteous, respectful, friendly and kind.”
Napoleon and Christopher both expressed remorse for their
crimes. They were thought of as model prisoners. Christopher
was white. Napoleon was black. On May 28, 2002, Napoleon
was executed in Texas, while Christopher was granted a
temporary stay of execution while the Missouri Supreme
Court considered his case.
Fact or Fiction?
• Provide reasons for your opinion.
• Why do we have laws that govern behavior?
• Provide 2 reasons for your opinion.
• Possibly to establish order, create security,
prevent crime, and/or protect individual
rights.
The 8th Amendment- Excessive
bail shall not be required, nor
excessive fines imposed, nor cruel
and unusual punishments
inflicted.
Simmons hog-tied a
neighbor girl and threw
her off a bridge in 1983
when he was 17 years old.
Simmons was sentenced
to the death penalty but
was granted a temporary
stay of execution while
the Missouri Supreme
Court considered his case.
Arrested at 17 and executed at
25
The 8th Amendment- Excessive
bail shall not be required, nor
excessive fines imposed, nor
cruel and unusual
punishments inflicted.
Silent Reflection
• Reflect silently about someone you know personally
who made a regretted mistake that changed his or
her life.
• Did that person get a second chance?
• Do you believe young people who make mistakes
should be given a second chance? Why or why not?
• Do you believe that young people who commit
horrible crimes, such as murder, are just as
blameworthy as adults who commit similar crimes?
Why or why not?
• Discuss your reasons for your position with your
group
Journal then Discuss
• Journal what surprised you about the Beazley
and Simmons cases.
• Discuss stereotyping with your group.
• Stereotype- (V) a standardized mental picture
that is held in common by members of a
group and that represents an oversimplified
opinion, prejudiced attitude, or uncritical
judgment.
Reading #1
• Read the PBSNewsHour article
“Supreme Court to Review Execution of
Juvenile Killers.”
• Journal & Discuss with your group.
• Read #2 “Death Penalty Cases
Mentioned in the NewsHour Article” as
a reference to open up a new in depth
analysis of the 8th Amendment and
Juvenile Death Penalty.
How many countries execute
juveniles for crimes?
• Since 1990, juveniles have been executed in eight
countries. Seventy-eight countries in the world,
including the U.S., have a death penalty.
Which 8 countries have executed
juveniles since 1990?
• China, Democratic Republic of Congo, Iran,
Pakistan, Yemen, Nigeria, Saudi Arabia, and
the United States.
• Journal and discuss what surprises you about
the list of countries that executes juveniles?
Do all states in the United States have
death penalty statutes? Do they all
execute juveniles for crimes?
• Not all states in the country have death penalty
statutes [statutes are laws passed by legislatures].
• 38, the federal government, and the military impose
the death penalty.
• 12 states and Washington D.C. ban the death penalty.
• 20 states apply the death penalty to juveniles who
commit crimes when they are under the age of 18.
[On March 3, 2004, the governors of South Dakota and
Wyoming signed bills establishing 18 as the minimum
age at which the death penalty may be sought for a
juvenile.]
When can juveniles who commit
crimes be executed in states with
juvenile death penalty laws?
• The minimum age at which juveniles may receive a
death sentence has been determined by the U.S.
Supreme Court through a series of cases referred
to in the NewsHour article.
• (Revisit reading #2 in the states that do impose
the death penalty on juveniles, a juvenile must be
at least sixteen when he/she committed his/her
crime to receive a death sentence, but that
minimum age varies by state from sixteen to
eighteen years of age.)
Reading #3 Minimum Age of
Application of the Death Penalty in the
States & other U.S. Jurisdictions
• Understand that each state has its own death
penalty statutes and that the ages on the
handout refer to the age at which a person
commits a crime, not the age at which a
person may be executed.
Journal & Discuss Patterns?
• Based on the handout, what patterns can be
noted, if any, about the minimum age for the
death penalty across the country?
• For example, do states on the East coast seem to
impose it at a certain age, while states in the
Midwest or South at others?
• What about rural states or states that have large
populations, such as California, New York and
Illinois?
Federalism Makes Things Confusing
• In America we have a federal system of
government, which means that power is
shared between the individual states and the
federal government and each has limited
powers. The states retain power over
particular areas and the federal government
retains power over other particular limited
areas.
A quote from Supreme Court Justice
Stevens
• “The practice of executing such offenders
[juveniles under 18] is a relic of the past and is
inconsistent with evolving standards of
decency in a civilized society. We should put an
end to this shameful practice.”
• Discuss with your group what this means
What do you think Justice Stevens meant by
“evolving standards of decency?”
• Explain that the court sometimes periodically
reconsiders questions of law on which it has
previously ruled.
• Can you think of examples of laws that have
changed at different times throughout history?
Reading #4 The 8th Amendment Ban on Cruel
and Unusual Punishment: How does the U.S.
Supreme Court Make Decisions?
Key aspects of juvenile death penalty law as determined by the court:
•
Punishments must be proportional to crimes.
• Punishments may not offend evolving standards of decency. In
other words, modern standards, not the standards of the
Eighteenth century at the time the constitution was written, or
even standards of 30 years ago are applied to legal questions
[about the 8th Amendment] when cases are considered today.
Reading #4 The 8th Amendment Ban on Cruel and Unusual
Punishment: How does the U.S. Supreme Court Make Decisions?
• To determine modern standards of decency for
punishments, the court looks at “objective
factors,” or “objective indicators” to define
national consensus on the legality of punishment,
including activity of state law makers, the # of
times with which sentences are imposed, the # of
times with which they are carried out, the
opinions of professional experts and other
organizations, and national and international
views.
Reading #4 The 8th Amendment Ban on Cruel and Unusual Punishment: How
does the U.S. Supreme Court Make Decisions?
• The court conducts its own independent
analysis of the application of the death
penalty to determine if it meets the social
goals of and the underlying justification for it,
which are deterrence and retribution.
• Deterrence- (N) the inhibition of criminal
behavior by fear especially of punishment.
• Retribution-(N) the dispensing or receiving of
reward or punishment.
Reading #5 Democracies Around the
World Law Review
• Read the final decision of the Supreme Court
• Journal and Discuss- reflect on the Beazley case.
• Read about the Precedent Cases that helped form
the final decision.
• Thompson v Oklahoma
• Stanford v. Kentucky
• Roper v. Simmons
• Journal and Discuss
Today’s Conclusion
• Do you support the death penalty for juvenile
offenders?
• Journal why or why not?