Stanford v. Kentucky, was a United States Supreme Court case in the year 1989 that sanctioned the imposition of the death penalty on offenders who were at least 16 years of age at the time of the crime.
The Supreme Court in the year 2005,while handling the Roper v. Simmons' case ruled that the death penalty is a disproportionate punishment for juveniles, and thus it violates the Eighth Amendment to impose a death sentence on a youthful murderer who committed the crime before age 18.
Christopher Simmons, who was 17 at the time, committed a crime that led to a death sentence.
The Court said that the society views juveniles as categorically less culpable than the average criminal. The supreme court argued than a man only becomes culpable of any criminal act when he reaches the age of 18, and claimed at imposing a death penalty on a young child who is not old enough to take charge of his own actions is wrong.
The supreme court claimed that a juvenile who committed a heinous crime can be made to forfeit his fundamental rights rather than being murdered.
Answer:
The attempt to explain behaviors contrary to societal expectations through examinations of individual characteristics.
Explanation:
Goal:
to help one gain an understanding of crime and criminal justice.
Theories:
cover the making and breaking of the law, criminal and deviant behavior as well as patterns of criminal acctivity.
Individual Theories:
May be either macro or micro.
Answer:
If the court applies the Stare decisis doctrine, the case will not be dismissed.
Explanation:
The stare decisis doctrine will provide the necessary legal bases for the case to proceed within California. This will happen because there is a legal decision applied throughout the national territory that states that this type of clause, which presents a selection forum, is inexorable. This happens because the AOL clause violated, in fact, a very strong public policy, so the judges are obliged to continue with the case, within the state where the public policy was violated.
Answer:
Stare Decisis
the legal principle of determining points in litigation according to precedent.
"a doctrine of stare decisis"
Explanation:
