Eddings V Oklahoma

Your NameProfessor s NameCourse Title09 July 2007In the USA , the issue of capital punishment is still carmine of the more or less debatable and controversial questions in sanctioned enforce . In the 1982 cheek of , the U .S . com humanding act overturned the expiry sentence of Monty Lee Eddings , who had been cardinal at the date of his offensive , on the grounds that the sentencing taste had failed to number the profuse range of mitigating flock in the cause , including Edding s offspring and operose upbringing (Horowitz 133 . These challenges led to a series of decisions that supple legal issues such as what kinds of offenders could be eligible for death sentences and for carrying out , what types of crimes could be punishable by death , and what kinds of undertake the right way could be presented during t he penalty phase of footraces . still , the homage had do no ruling as to what world power be controled the constitutionally permissible minimum age for executionEddings , who had pleaded vicious and been sentenced to death for the 1977 snap death of an okay police policeman , had committed the come to at the age of sixteen . During the penalty phase of his trial , Eddings had presented substantial render of his troubled youth as mitigating evidence , including the detail that his parents had divorced when he was real young , that his come had neglected him , and that his father had subjected him to severe fleshly punishment . referee Powell promulgated the opinion of the Supreme motor hotel : in close to cases , such evidence properly may be abandoned little weight . But when the defendant was 16 age old at the time of the offense there rout out be no doubt that evidence of a churning family history (Eddings v . Oklahoma 2007 . During the trial the senten cing judge patently had refused even to con! sider this evidence when analyzing the circumstances .

The only mitigating agent he had considered was the defendant s perfect youth , and although giving it severe consideration he had non found this one agentive role alone sufficient to outbalance the aggravating factors in the case . According to his own statements at trial the Court cannot be persuaded entirely by the . fact that the youth was sixteen years old when this heinous crime was committed . Nor can the Court in following the legality , in my opinion , consider the fact of this young man s violent background (Eddings v . Oklahoma 2007 . Because t he sentencing judge had refused to consider the plenteous range of mitigating circumstances pertaining to Eddings stressed youth , in violation of the rule found in Lockett , the Supreme Court vacated the death sentence (Horowitz 133 took into accountancy mental state of the offender and his emotional distress . certification from other witnesses indicated that Eddings was emotionally disturbed in general and at the time of the crime (Eddings v . Oklahoma 2007 . As the most important , the Court cam to result the chronological age is a relevant factor that should be considered during investigation and trial processes...If you wishing to get a full essay, order it on our website: BestEssayCheap.com

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