Question

Roper v. Simmons .

Compare the majority opinion and the minority opinion. Which do you agree with and why.

NOTE: Please no paper answer can’t understand some of the writing

Answer 1

Roper v. Simmons is a landmark case in U.S judicial system as it created history by excluding the juveniles to be sentenced death penalty. The majority opinion formed in favor of excluding the juveniles from death penality no matter what the nature of crime be or in other words how heinous the crime be. The considerations taken for forming the majority opinion were, the age factor- the lack of maturity of adolescent stage, the national consensus against death penalty for juveniles was the other factor, and the international opinion against death penalty of juveniles was also a factor for consideration and forming of majority opinion. Thus, the majority opinion went against death penalty of the juvenile in this case on the basis of "evolving standards of decency" of the interpretation of the Eighth Amendment of the Constitution.

The minority opinion favored the death penalty of the juveniles on the basis of the heinous nature of the the crime. They rejected that there was any national consensus against the capital punishment of the juveniles under eighteen, and also, they opined that it was not necessary to agree to the international consensus against death penalty of juveniles under 18.

Taking away a life as punishment is not justice even if it is the rarest of rare case especially when the guilty is a juvenile under 18 because the stage of adolescence is a stage that lacks maturity. The juvenile at this stage of life cannot access the depth of violence and criminality of their act due to their immature thinking and that they are not morally developed to their fullest as of an adult perpetrator. Hence, the majority opinion is agreeable.