Eerz1

Akram Eerz

CMJ2121_L00M_45_22 - Juvenile Justice

15th November, 2022

When Kids Get Life

1.

The death penalty violates not only the constitutional ban on cruel and unusual punishment

but also the guarantees of due process and equal protection under the law. In addition, we

believe that the state should not give itself the right to kill its own citizens, especially when

it does it arbitrarily and discriminatorily, with pomp and circumstance, in the name of the

law or the people.

The death penalty is antithetical to the values of our liberal democracy and a flagrant

infringement on individual rights. The death penalty is barbaric because it is fundamentally

unfair and unjust to those who receive it. Legal action, legislation, and lobbying against

this brutal and inhumane practise are, in my opinion, the only ways to halt executions and

strive for the abolition of the death sentence.

2.

According to the felony-murder rule, the accused is guilty of murder if the killing was

somehow related to an attempt at a crime or fleeing the scene of a criminal. Whether the

accused or a co-conspirator is to blame for the death is irrelevant. It also doesn't matter

whether the murder occurred carelessly or accidently. One school of thought stresses the

inherent evil in all acts of killing, regardless of guilt or innocence. The idea of tainting has
 Eerz2

been around since the beginning of criminal murder prosecution. The second school of

thinking uses the first criminal act—the felony—as justification for holding the offender

responsible for the actions' fatal results. Criminal defence attorneys have to think about

challenging the felony-murder rule using the sixth amendment. The defendant is entitled to

a jury trial on the substantive question of reckless murder if it is implied in the evidence of

the underlying offence.

3.

However, the hope of redemption can't justify a sentence of life without parole. The

penalty totally negates any chance of improvement. By prohibiting the offender from

returning to society, the state makes a final judgement about the person's value and

standing in the community.

There are many different causes of psychological issues in children and adolescents,

including but not limited to poverty, parental neglect, feelings of inferiority, a lack of

attention, and many others. Problems like as depression, complexes, and anxiety, as well as

extreme acts of violence, are just a few instances. In certain cases, this might encourage the

young person to break the law.

We must keep in mind that every situation is unique and that there is no one appropriate

solution. But when deciding how to sentence the most heinous crimes committed by the

youngest members of our society, we should take into account how different each person

is.

5.
 Eerz3

To allow prosecution in adult criminal courts, juvenile court judges have the discretion in

46 States to waive their jurisdiction in specific cases involving minors.