History and Future of the Juvenile Justice System

Earlier this year the Supreme Court of the United States handed down arguably one their most important, yet controversial decisions regarding juvenile law. In the case Roper v Simmons (2005), a narrow 5-4 decision, overturned the United States practice of allowing capital punishment for juvenile offenders. Mitigating factors must be considered when examining the decision of the Supreme Court whenever they overturn previous courts decisions. This issue becomes more complex in the Juvenile System because of …

…shift. Therefore hypothetically the "national consensus" can shift in one day. The Supreme Court legislating from the bench is now running the risk that their decisions on controversial opinions may be overturned as a direct result of the personal attitudes of those sitting on the bench. If this was to happen, the credibility of the most distinguished and honored court in the land will be forever lapsed both at home and in the international community.