Roper v. Simmons

Background
Simmons was given the death penalty at the age of 17 for the murder of Shirley Crook. He continued to appeal the case up the court system as each court continued to uphold the death penalty. Eventually, the supreme court decided to hear his case.

Issue
Is giving minors the death penalty a violation of the 8th amendment's protection against cruel and unusual punishment?

Decision
Giving the death penalty to minors does indeed violate the 8th amendment.
Majority- Stevens, Souter, Ginsburg, Kennedy, Breyer
Dissenting- Rehnquist, Scalia, O'Connor, Thomas

My Opinion
According to Atkins v. Virginia, there is an "evolving standard of decency" with the death penalty. Although the execution of minors in history has been alright, at this point in time, the standard has evolved to the point where executing a minor is viewed upon as "cruel and unusual" and therefore Simmons should not receive the death penalty.

Gideoncv. Wainwright

Background: The defendant: Gideon, was charged with breaking and entering. He lacked sufficient funds to hire a lawyer, and when he asked the court to appoint one for him, they refused.

Issue: Does not being provided with a lawyer violate ones' 6th amendment right to a fair trial and his right to due process?

Decision: By a 9-0 decision, the court decided that he did have the right to have an attorney represent him in court.

Opinion: I believe that one should always be allowed a lawyer to defend oneself in trial. If one is going to have a fair trial, then they should be allowed counsel by somebody familiar with the justice system. To not allow that puts the impoverished at a significant disadvantage when proving their innocence, and is therefore a must in order to have a fair trial.