Analyzing the majority opinions

        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.  
Justice O'Connor's dissent argued that states should have more autonomy and discretion in deciding what laws should be implemented within their own state boundaries while Justice Scalia asserted that it was not the court's role to determine what constituted cruel and unusual punishment. In my opinion, I agree with with the majority ruling as I believe juvenile offenders do not possess a mature enough understanding at such a young age which would render any sentence imposed including death unfair given their inability comprehend its severity. Additionally from an ethical standpoint, I also believe it is wrong for society impose such harsh sentences on individuals who may still be struggling with mental/emotional development. Furthermore from a practical perspective, there is no evidence demonstrating any deterrent effect when executing minors thus making reducing recidivism rates through rehabilitation much more likely outcome over execution. If this offender were released early upon successful completion of mandated requirements such as sexual rehabilitation programs then some form deterrence could include continued monitoring by probation officers or GPS tracking systems so they can track his whereabouts if need be. Additionally another form deterrence might involve mandated therapy sessions designed specifically address issues related his crime in order ensure he gets proper treatment needed prevent further criminal activity going forward

Sample Solution

The Roper v. Simmons case was a landmark Supreme Court decision in which the court ruled that people less than eighteen years old, when committing crimes and subsequently facing the death penalty, are not legally allowed to be executed due to their diminished capacity to understand both the consequences of their actions and the gravity of punishment for those actions. The majority opinion focused on how psychological research has shown that juveniles have an immature understanding of morality and possess a greater susceptibility to peer pressure leading them to make impulsive decisions without fully recognizing all potential outcomes. Furthermore, they noted that this lack of maturity is also why juveniles are treated differently in other aspects of society such as voting rights or being able to sign contracts.

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