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Decisions on Very Controversial Issues

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You are a judge in the fictitious state of Barbieland. As a judge, you are called on to make decisions on very controversial issues. Based on the laws of Barbieland, juveniles are considered adults at the age of 16. The first controversial issue you must deal with is a convicted juvenile sex offender. In your state, juveniles can be sentenced to death for sexually based offenses. Shortly after his conviction, the Supreme Court ruled in Roper v. Simmons, to abolish the death penalty for offenders less than 18 years of age.

If you agree with the decision or if you support the dissenters, Justices O'Connor and Scalia, respectively, then explain your reasons for the same.
•Analyze the majority opinions and explain the factors on which the rulings are based. Analyze the dissents and explain the factors on which the dissents are based.
•Explain the ethical principles that underlie your opinion about this Supreme Court decision.

To view the Roper v. Simmons case, please complete a "key word" search using the search engine of your choice for: Roper v. Simmons, 543 U.S. 551 (2005).

The death penalty has now been abolished and the offender's sentence has been commuted to a ten year sentence in prison with the possibility of early release if he completes all mandated requirements including a sexual rehabilitation program to prevent further sexual aggression.
•If the offender is released early, what form of deterrence should be imposed and why?

Support your discussion with analysis of recidivism rates, imposed deterrence, and other trends related to sex offenders.

The convicted felon has been serving his sentence in a private prison. Since 1980 private prisons have been in place. One of the major benefits of private prisons was they could operate more efficiently for less money and lessen the financial burdens on taxpayers. Many people objected to privatizing corrections because this raised ethical issues such as the issue that "Profit Motives" of the industry may hinder quality services to the inmates.
•Discuss the possible conflict between profit motives and ethical treatment of inmates and support your position with the Ethics of care.

For more information on private prisons, please visit the following websites:

www.geogroup.com

www.cca.com

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Solution Summary

Decisions on Very Controversial Issues are examined. The expert analyzes the majority opinions and explains the factors on which the ruling are based.

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http://www.deathpenaltyinfo.org/u-s-supreme-court-roper-v-simmons-no-03-633

You are a judge in the fictitious state of Barbieland. As a judge, you are called on to make decisions on very controversial issues. Based on the laws of Barbieland, juveniles are considered adults at the age of 16. The first controversial issue you must deal with is a convicted juvenile sex offender. In your state, juveniles can be sentenced to death for sexually based offenses. Shortly after his conviction, the Supreme Court ruled in Roper v. Simmons, to abolish the death penalty for offenders less than 18 years of age.
If you agree with the decision or if you support the dissenters, Justices O'Connor and Scalia, respectively, then explain your reasons for the same.

This decision was the only humane decision that could be made. Prior to this decision, the United States of America was the only remaining Westernized country that legally sentenced juveniles to death, which placed the country in the company of Iran, Saudi Arabia, and other dictatorial countries that still practice this inhumane use of justice. Therefore, the global consensus was that the execution of juveniles was cruel and barbaric punishment, but the country that touted itself as a global leader and beacon of light, still used this barbaric practice. In addition to the this factor, the Court also noted how public opinion in the U.S. had shifted toward banning the execution of criminals who committed crimes when they were juveniles. Therefore, the decision was the only correct decision that could be made as it was in accordance with the current geopolitical consensus on the death penalty for juveniles.

•Analyze the majority opinions and ...

Solution provided by:
Raushaun Rigsby, MSc
Education
  • Associates of Arts , Lone Star Community College
  • Bachelor of Science , Sam Houston State University
  • Masters of Science, Kaplan University
  • Masters of Science , Kaplan University
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