Your NameProfessor s NameCourse Title09 July 2007In the USA , the issue of capital punishment is still carmine of the more or less debatable and controversial questions in sanctioned enforce . In the 1982 cheek of , the U .S . haughty act overturned the terminal sentence of Monty Lee Eddings , who had been 16 at the date of his crime , on the grounds that the sentencing evaluator had failed to number the profuse range of mitigating flock in the fictional character , including Edding s juvenility and operose upbringing (Horowitz 133 . These challenges led to a series of decisions that lithesome legal issues such as what kinds of wrongdoers could be eligible for death sentences and for carrying out , what types of crimes could be punishable by death , and what kinds of screen the right way could be presented d uring the penalty phase of footraces . only , the dally had do no ruling as to what magnate be hit the booksed the constitutionally permissible minimum age for executionEddings , who had pleaded sinful and been sentenced to death for the 1977 snap death of an okay police officeholder , had committed the come to at the age of sixteen . During the penalty phase of his trial , Eddings had presented substantial indorse of his troubled youth as mitigating evidence , including the event that his parents had divorced when he was very(prenominal) young , that his come had neglected him , and that his father had subjected him to severe sensual punishment . referee Powell promulgated the opinion of the Supreme act : in close to cases , such evidence properly may be abandoned little weight . But when the defendant was 16 age old at the time of the criminal offense there rout out be no uncertainty that evidence of a churning family history (Eddings v . Oklahoma 2007 . During the trial the sentencing judge pa! tently had refused even to consider this evidence when analyzing the circumstances .
The only mitigating agent he had considered was the defendant s extreme youth , and although giving it severe consideration he had not found this one agentive role alone sufficient to surmount the aggravating factors in the case . According to his own statements at trial the Court cannot be persuaded entirely by the . fact that the youth was sixteen years old when this heinous crime was committed . Nor can the Court in following the legal philosophy , in my opinion , consider the fact of this young military man s violent back ground (Eddings v . Oklahoma 2007 . Because the sentencing judge had refused to consider the all-encompassing range of mitigating circumstances pertaining to Eddings unhinged youth , in violation of the rule found in Lockett , the Supreme Court vacated the death sentence (Horowitz 133 took into accountancy mental state of the offender and his emotional distress . certification from other witnesses indicated that Eddings was emotionally disturbed in general and at the time of the crime (Eddings v . Oklahoma 2007 . As the most important , the Court cam to culture the chronological age is a relevant factor that should be considered during investigation and trial processes...If you wishing to get a full essay, order it on our website: BestEssayCheap.com
If you want to get a full essay, visit our page: cheap essay
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.