Donald Roper v. Simmons
...urt relies on a national consensus that was applies to mental retarded cases. Atkins v. Virginia 536 U.S. 304, 122 S.Ct. 2242. This national consensus does not fit the fact pattern of this particular matter because Christopher Simmons not only is not retarded but unlike a retarded individual is relying on his status as a minor to be exempt from his punishment. The court uses this national consensus as a way to camouflage their personal moral standards on the issue of capital punishment. The court cannot declare statutes void, on the ground that they are against public policy and moral… Great American Home Sav Insitution v. Lee 233 S.W.20 Since the United States decision in Lockett v. Ohio 438 U.S. 586 , the United States Supreme Court rules that in order for capital punishment statutes to pass constitutional muster, it must allow mitigating factors so that it does not violate the 8th amendment. Christopher Simmons was allowed to present his mitigating factors, included in these mitigating factors was his age. After careful review of these mitigating factors a jury found Christopher guilty and sentenced him to death. The Supreme Court of Missouri can not under any circumstances undo what the people of the jury has set forth as punishment, nor can they ignore what the people of the state through their legislatures intended to ratify when they constructed their death statute. Construction of state constitution by state courts was binding on federal courts. Connealy v. Walsh, W.D. Mo. 1976, 412 F.Supp. The sentencing of Christopher Simmons not only passed constitutional muster, but was conducted in a way that would not violate any of the principles set forth in previous precedents pertaining to the statutes of capital punishment for the state and for the federal government. Christopher was able to introduce mitigating factors, and under state law he has the right to be tried by a jury, Christopher Simmons executed both rights accordingly. The jury of Jefferson County found him guilty and recommended the death penalty. It is extremely inappropriate for the Missouri Court to over-turn a decision founded by the jury, almost as inappropriate as it is for the state to over rule the United States Supreme Court, and in the process of their decision, completely bypass the state constitution that they took an oath to uphold. The defendant claims that not only has a national consensus transpired, but that there should be a bright line on the age that is applicable for the death penalty. First in regard to a national consensus, the most important aspect of the death penalty is that it be an individualized process. As such the defendant is not compared to anyone or treated in a general manner, instead his crime, his age and even his past history along with his mental condition is examined individually. The examination of Christopher Simmons as an individual does not under any circumstances relate to that of a mental retarded person, nor did any of the examinations reveal that Christopher Simmons has any mental defects. Since Christopher Simmons is not mentally retarded, to apply the test used for mentally retarded people on a child that is obviously far more street wiser and dangerous than his years would reflect, would be not just an injustice to the Crook family, but also a grave injustice to the people of Missouri, and society as a whole. Christopher Simmons is a cold-hearted, cruel murderer and the reversal of his sentence could create a very dangerous precedent. Christopher Simmons’s calculated the murder, planned it out and even executed the goal with the help of accomplices. There is nothing in the record that would indicate that his mental state was lacking or that his age contributed to his lack of judgment. To think that such a heinous calculated crime will be excused simply because a national consensus has transpired regarding the execution of mental retarded people, is a tremendous misconception of justice and a misguidance by way of our judicial system. Mentally retarded people have nothing to do with the cruel and vile acts of dangerous 16 year old murderers. Secondly, the bright line on age is an issue that was resolved by the legislature of Missouri. A child that is in between the ages of 12 to 17 and commit...