While the effect of these statutory changes on youth crime patterns remains an open empirical question, these
laws did have several important legal consequences. Since many state laws gave discretion to prosecutors and judges
to transfer *62 juvenile cases to adult criminal court, these laws increasingly exposed juveniles to adult sentences-including
the death penalty for murder and life imprisonment for both murder and non-murder offenses. Between 1989
and 2004, six states executed prisoners for crimes committed as juveniles. [FN26] In Roper v. Simmons, 543 U.S.
551 (2005) the United States Supreme Court barred such executions as violative of the Eighth Amendment protection
against Cruel and Unusual Punishments. In Roper, the State of Missouri defended the execution of offenders for
crimes committed as juveniles by touting the value of deterrence. [FN27] But, the Court found this argument unpersuasive
in light of the scientific evidence on juvenile brain development: “[T]he same characteristics that render juveniles
less culpable than adults suggest . . . that juveniles will be less susceptible to deterrence.”
While the effect of these statutory changes on youth crime patterns remains an open empirical question, these
laws did have several important legal consequences. Since many state laws gave discretion to prosecutors and judges
to transfer *62 juvenile cases to adult criminal court, these laws increasingly exposed juveniles to adult sentences-including
the death penalty for murder and life imprisonment for both murder and non-murder offenses. Between 1989
and 2004, six states executed prisoners for crimes committed as juveniles. [FN26] In Roper v. Simmons, 543 U.S.
551 (2005) the United States Supreme Court barred such executions as violative of the Eighth Amendment protection
against Cruel and Unusual Punishments. In Roper, the State of Missouri defended the execution of offenders for
crimes committed as juveniles by touting the value of deterrence. [FN27] But, the Court found this argument unpersuasive
in light of the scientific evidence on juvenile brain development: “[T]he same characteristics that render juveniles
less culpable than adults suggest . . . that juveniles will be less susceptible to deterrence.”
การแปล กรุณารอสักครู่..
