Department of Justice, a juvenile should be charged according to their crime. If they committed a juvenile crime than a juvenile sentence is appropriate. If they commit an adult crime then an adult punishment is appropriate (Redding, 2010). As per the Journal of Criminal Law and Criminology, when it comes to death sentences minors are challenging the decision and saying that capital punishment is unconstitutional. Minors would argue that it violates the Cruel and Unusual Punishment Clause of the eighth amendment. (Greenwald, 1983) This 0Cruel and Unusual Punishment Clause restricts the severity of punishments that state and federal governments may impose upon persons who have been convicted of criminal offenses (Greenwald, 1983). In the United States during the late eighteenth century, English common law rules were applied when sentencing a child. Under these rules children seven and under were not capable of forming criminal intent and therefore not liable for their actions. With ages seven to fourteen, they were still considered unable to form criminal intent (Greenwald, 1983). However, if the child could distinguish right from wrong and understood that the act they committed was wrong, then they could be tried as an adult. Children 14 and older were fully capable of forming a criminal intent and therefore tried, convicted, and sentenced to death. (Greenwald, 1983) According to the Journal of Criminal Law and Criminology there were …show more content…
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