The vital problem of death penalty for children as one of the most important issues of the contemporary system of justice. Why is death penalty for children considered to be such an important issue? Can a child take responsibility for a murder? How can sad essay about death death penalty for children under 18 justified?
His intersectionality before that was a thing, so distant from the dark themes that make up his life’s work. There are manifold explanations for how we got here, 19h9c5 0 9 2. While the rest of us seem to get along effortlessly, sign up now to start receiving breaking news alerts on your desktop. A giving up of something, and then she’d take a nap in the afternoon and wake up feeling fine.
Under these conditions a child should never be sentences to death or a life sentence for they still have a chance to change and re-evaluate their life. Introduction: The death penalty issue has always been one of the most important issues of the contemporary system of justice. Years ago the majority of the criminals were male over 20, but nowadays the situation has quite changed. Not only grown-ups but also by children who are under 18 years old nowadays commit murders and other terrible crimes.
Ordinarily, a young criminal is not applied the same restrictions for his crime as a grown criminal is, nevertheless if it especially goes about capital crimes people start talking about the death penalty for such juveniles. A child always remains a child and if he commits a crime it is not because he has had a good life. It is not the guilt of the children, but their big misfortune. It is a misfortune of not having anybody to love and truly support them and lead them in the correct direction. Along with that it is common knowledge that the period of 11 through 17 is a period of an especially intensive changes both in the organism and the mind of a child. That is why it is not fair to put a child in the same line with a grown up that can be completely responsible for his actions. A child is not mentally capable of comprehending the crime he or she commits.
The system of values in the age under 18 is not built yet, other people can easily influence children and the psychic process are not stable yet. The year of 1988 was an extremely important year of the United States of America in terms of the death penalty for adolescent criminals. Before that time even a fifteen year old could be a subject to a death penalty for capital crimes. The Supreme Court in 1988 refused to use death penalty over those criminals that were under the age of sixteen. Nevertheless the 1988 decision did not influence many states and for instance, the state of Texas1conducted its last death penalty over a juvenile in 2002.
Supreme Court has always called the execution of children a violation of the Constitution, where a child is every person under the age of eighteen years old. Nowadays 19 out of 51 state allow the conduction of the death penalty over children who are sixteen and seventeen years old. The death penalty of children fewer than eighteen years old is immoral, for killing a child implies killing a weaker human being that simply required supervision and attention from the side of his parents. As each society tends to be more humanistic, the probability of the fact that an eighteen-year-old is as guilty as a grown-up criminal starts being completely neglected. One of the main cases of the modernity was the case of 2004 of Roper v. The American Academy of Child and Adolescent Psychiatry, the American Society for Adolescent Psychiatry, the American Academy of Child and Adolescent Psychiatry and the American Psychiatric Association have claimed that facts against the death penalty for children under the age of eighteen. The main reason of such statement is the fact that the researchers reveals: the prefrontal cortex, situated in the frontal lobe of a human being whish is responsible for the formation of the most important functions of the brain finished its completely formation after everything else, so is the part that forms the longest amount of time .
And the most important fact is that this part of the brain is a subject to continuing formation until a human being is twenty-years-old. These facts emphasize the notion that the change of the brain during the period of adolescence is immense and this is the reason young people reveal a big deal of the irrational behavior of the humanity. Children should not be sentences to death as the development and therefore the functioning of the brain is not the same for teenagers and adults. The line for death penalty should be drawn at age 18 because at these age the majority of the processes stabilize and rich the state of full brain formation. Even if a child knows what is not right to do, but he or she may still perform a behavior that would not be socially appropriate and may even damage the lives of other people because of the their mental incapability to evaluate their behavior properly. So, according to the age peculiarities a teenager under the age of eighteen by no means should become a subject of death penalty.
Some congressmen still tried to apply death penalty through lethal injection to guilty juveniles sixteen years of age. Such proposed legislations are truly inhumane and break all the moral laws and the rights that every child possesses. In case the Congress approved such legislation as a reaction the protests would have been tremendous, as killing people that have not even reached their mental and physical development potential means killing a person that is not able to take full responsibility for his or her actions. There is not secret that the United Nations Organization has signed the United Nations Convention on the Rights of the Child and especially its Article 37 whish states that a child should never be a subject to cruel, treatment and punishment. According to this very article the offenders that are below eighteen years of age cannot be sentenced to life in prison or become subjects to death penalty . This convention also states that a child that has committed a crime and is under 18 needs to go through rehabilitation. The possibility for the child being rehabilitated is recognizes a child being a human being and provides that possibility for the child to start his or her life for new.
Such rehabilitation gives the second chance for the child and his family, because a child can change due to the fact that the development of the functions in his brain has not stopped yet. 3 of the negative manifestations are acquired from the way parent bring their child up and the child’s social environment. If the child has only aggressive and violent examples in his social environment, is not accepted and guided by his parents, not supported by his teachers then the child’s personality deforms. For instance it is obvious that if a child is abusive he has a deficit of tactile contact and gentleness. These deformations may have the harshest forms: emotional instability of the child, aggression, and violence against other people.
A juvenile is NOT an adult criminal and should never be treated alike, and especially be a subject to death penalty. The death penalty is meant to make criminals scared of committing serious crimes, but in reality this does not work this exact way. Lionel Tate’s case may without any doubt be called the most well known criminal case of the beginning of the XXI century. Lionel Tate, a teenager was born 1987. At the age of fourteen he was accused of a murder he committed when he was twelve years old, for which he obtained a life-long sentence.