미국소년사법과 수정헌법 제8조에 관한 판례의 동향 - 미연방대법원의 판결을 중심으로 -
The Trend of the Eighth Amended Constitution and U.S. Juvenile Justice
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Abstract
Roper v. Simmons, 543 U.S. 551 (2005), was a landmark decision in which the Supreme Court of the United States held that it is unconstitutional to impose capital punishment for crimes committed while under the age of 18. The 5-4 decision overruled the Court's prior ruling upholding such sentences on offenders above or at the age of 16, in Stanford v. Kentucky, 492 U.S. 361 (1989), overturning statutes in 25 states that had the penalty set lower. This case was argued on October 13, 2004. The appeal challenged the constitutionality of capital punishment for persons who were juveniles when their crimes were committed, citing the Eighth Amendment protection against cruel and unusual punishment. A 1988 Supreme Court decision Thompson v. Oklahoma barred execution of offenders under the age of 16. In 1989, another case, Stanford v. Kentucky, upheld the possibility of capital punishment for offenders who were 16 or 17 years old when they committed the capital offense. The same day in 1989, the Supreme Court ruled in Penry v. Lynaugh that it was permissible to execute the intellectually disabled. However, in 2002, that decision was overruled in Atkins v. Virginia, where the Court held that evolving standards of decency had made the execution of the mentally retarded "cruel and unusual punishment" and thus unconstitutional. Under the "evolving standards of decency" test, the Court held that it was cruel and unusual punishment to execute a person who was under the age of 18 at the time of the murder. Writing for the majority, Justice Kennedy cited a body of sociological and scientific research that found that juveniles have a lack of maturity and sense of responsibility compared to adults. Adolescents were found to be over-represented statistically in virtually every category of reckless behavior. The Court noted that in recognition of the comparative immaturity and irresponsibility of juveniles, almost every state prohibited those under age 18 from voting, serving on juries, or marrying without parental consent. The studies also found that juveniles are more vulnerable to negative influences and outside pressures, including peer pressure. They have less control, or experience with control, over their own environment. They also lack the freedom that adults have, to escape a criminogenic setting.
참고문헌 (22)
- 류병관, "최근 미국의 소년사법과 ‘미연방수정헌법제8조’ -소년범의 인권과 가석방 없는 종신형(LWOP)-", 소년보호연구, 24, pp.141~170 (2014), 한국소년정책학회
- 최희경, "수정헌법 제8조에 대한 최근 미연방대법원판결 연구", 공법학연구, 13(4), pp.107~134 (2012), 한국비교공법학회
- Alexander L. Nostro, "Comment, The Importance of an Expansive Deference to Miller v. Alabama", Am. U.S. Gender Soc. Pol’y & L, 22 (2013)
- Andrea Wood, "Cruel and Unusual Punishment : Confining Juveniles with Adults after Graham and Miller", Emory Law Journal, 61 (2012)
- Brian J. Fuller, "A Small Step Forward in Juvenile Sentencing, But Is It Enough? The United States Supreme Court Ends Mandatory Juvenile Life Without Parole Sentences" (1972), Herbert H. Lau, Juvenile Courts in the United States, Arno Press
- Elizabeth S. Scott, "Children are Different: Constitutional Values and Justice Policy", Ohio St. J. Crim. L, 11 (2013)
- "Graham, 130 S.Ct. at 2021", ~
- Brian J. Fuller, "A Small Step Forward in Juvenile Sentencing, But is it Enough? The United States Supreme Court Ends Mandatory Juvenile Life Without Parole Sentences; Miller v. Alabama, 132S.Ct. 2455 (2012)", Wyoming Law Review, 13 (2013)
- "Graham v. Florida, 130 S.Ct. 2011", ~ (2010)
- "Kennedy v. Louisiana, 554 U.S. 407", ~ (2008)
- "Lockett v. Ohio, 438 U.S. 586", ~ (1978)
- Maggi Clerk, "How Will States Handle Juveniles Sentenced to Life Without Parole?", USA TODAY, ~
- Mary Berkheiser, "How the Minimalism of Miller v. Alabama Led the Court’s “Kids are Different” Eighth Amendment Jurisprudence own a Blind Alley", Akron L. Rev, 46, pp.489~ (2013)
- "Miller v. Alabama, 132 S. Ct. 2455", ~ (2012)
- "Press release, Office of the Governor oh Iowa, Branstad Moves to Prevent the Release of Dangerous Murderers in Light of Recent U.S. Supreme Court Decision", ~ (2012)
- Rachel Jacobs, "Waiving Goodbye to Due Process: The Juvenile Waiver System", Cardozo Journal of Law & Gender, 19, pp.989~ (2013)
- "Roper v. Simmons, 543 U.S. 551", ~ (2005)
- Stave Eder, "Iowa Governor Commutes Sentences of Teen Killers", The Wall Street Journal, ~
- "Stanford v. Kentucky, 492 U.S. 361", ~ (1989)
- "Woodson v. North Carolina, 428 U.S. 280", ~ (1976)
- Barry C. Feld, "Adolescent Criminal Responsibility, Proportionality, and Sentencing Policy: Roper, Graham, Miller", Jackson, and the Youth Discount, 2013, pp.31, ~
- Therese A. Savona, "The Growing Pains of Graham v. Florida:Deciphering Whether Lengthy Term of Years Sentences for Juvenile Defendants Can Equate to the Unconstitutional Sentence of Life Without the Possibility of Parole", St. Thomas Law Review, 25 (2013)