Death Penalty Debate: Legal, Ethical, and Psychological Considerations

This discussion post delves into the complexities of the death penalty, examining the legal and psychological aspects surrounding its application, particularly concerning juvenile offenders. The post references the landmark case of Roper v. Simmons, where the U.S. Supreme Court addressed the constitutionality of the death penalty for minors, and the American Psychological Association's (APA) stance on the matter, emphasizing the immaturity and diminished capacity of juveniles. The post explores the factors influencing juvenile behavior and the need for rehabilitation. Furthermore, the post presents arguments for and against the use of the death penalty, considering factors such as the severity of the crime, its impact on society, and the age of the offender. The author favors the death penalty for those over 18, given their greater capacity for understanding the consequences of their actions. The post includes references to relevant academic sources.

Discussion

Table of Contents
MAIN BODY ..................................................................................................................................3
TASK ..............................................................................................................................................3
1. Whether a 17 years old boy is liable for death sentence according to the American
Psychological Association..........................................................................................................4
2. Do you favor the use of the death penalty? Why or why not? If so, do you think that it
should be permitted for those under 18 years of age?.................................................................4
REFERENCES................................................................................................................................6

MAIN BODY
TASK
1. Whether a 17 years old boy is liable for death sentence according to the American
Psychological Association.
The landmark Judgement has been given in the case of Roper v. Simmons, 543 U.S 551,
in which Christopher Simmons, 17 years old boy murdered the old lady and was tried by the
United States Court. He was sentenced death because of his involvement in many criminal
activities. The judgement was made drastic change in the history of U.S. Judicial system.
According to Eight and Fourteen Amendments to the constitution of the U.S permits the
juvenile offender who was older than 15 and younger than 18 years of age , then capital
punishment can be given for commitment of heinous offence.
The American Phycological Association came into picture to abolish the death
penalty against the juvenile offender. They had submitted amicus curiae and stated that the
juvenile are lack of immaturity and unable to understand the legal consequences of their criminal
act. They are less mature than the adolescents (Long, 2020). There are various factors that affects
the psychological behaviour of juvenile that force them to committed illegal offence against the
person and property. It is important for the society to recognise them and rehabilitate their
psychological behaviour towards society.
2. Do you favor the use of the death penalty? Why or why not? If so, do you think that it should
be permitted for those under 18 years of age?
Yes, death penalty is important to impose in order to deter the offender from committing
criminal offence against the society. There are various factor that court must consider while
imposing death penalty which includes severity of crime, its impact on society and must fall
under the rarest of the rare case. It must be permissible only to the adolescent who are above age
of 18 because at this stage, they are enough capable to differentiate what is right and wrong.
They have enough knowledge of severity of offences and maturity to understand the risk
associated with crimes.
Mental factor plays significant role for determining the capital punishment (Niven and
Donnelly, 2020). The mental capability of minor person is less and that is the main reason for
excluding them from the purview of capital punishment. The essential element of crime is

criminal act with criminal mind together constitute an offence. If there is missing of any of the
important element of crime , then person is exclude from criminal liability.

REFERENCES
Books and Journals
Long, W.F., 2020. Dickens and McNaughton: Insanity and the Punishment of Death. The
Dickensian, 116(510), pp.37-4.
Niven, D. and Donnelly, E.A., 2020. Who challenges disparities in capital punishment?: An
analysis of state legislative floor debates on death penalty reform. Journal of ethnicity in
criminal justice, 18(2), pp.95-122.
Storey, A., 2022. The USA’s Engagement with the UN’s Human Rights Committee on the
Question of Capital Punishment. Intercultural Human Rights Law Review.
Suri, T., 2021. Death Penalty as a Punishment for Heinous Crimes. Issue 3 Int'l JL Mgmt. &
Human., 4, p.4082.