Assgnment

DISCUSSION 7
US history is filled to the brim with Supreme Court cases that have served as landmarks for the
legal system. Every case has unique circumstances and particulars that might not have been
addressed properly in the Constitution or have no historical judicial backing.
In these situations, with no precedent, the Court has to develop its reasoning or ruling to arrive
at a decision. These rulings then become their precedents, which serve as a reference for any
future cases that come forward.
For specificity, let us look at some recent case rulings in criminal courts that have changed the
legal system for future proceedings.
In 2019, Evangelisto Ramos was found guilty of murder based on a 10-2 jury trial and sentenced
to life imprisonment. This case took place in Oregon, which was the only state until that point
that allowed non-unanimous verdicts to be counted, based on a 1972 Supreme Court case
Apodaca v. Oregon. However, Ramos challenged the court ruling using his Sixth Amendment
Right to a unanimous verdict. It was turned down in a Louisiana Court, but he appealed to the
US Supreme Court.
On April 20th, 2020, the Supreme Court reversed the decision made on Ramos’ case, stating
that a unanimous jury verdict was to be integrated into the state’s legal system. Consequently,
Ramos was allowed a trial. This ruling also opened doors for another Louisiana inmate who had
been appealing US Supreme Court on non-unanimous convictions since 2007. After the Ramos
case, he was allowed an oral hearing in December 2020.
In another landmark case, Terrance Graham was able to secure imprisonment with parole for a
juvenile criminal offense. Until his case, juvenile offenders who were given life imprisonments
were not granted parole, even for non-homicide cases.
At age 16, in 2003, Graham was arrested for attempted robbery and found guilty, only to be
released on a plea. Just six months later, he was arrested for home robbery, and although he
denied any connection to the case, it was found to go against his plea agreement.
Consequently, he was imprisoned for life without parole.
Graham fought his case in Florida court and argued that a life sentence without parole violated
his Eighth Amendment Right. On being turned down, Graham petitioned the case in Supreme
Court and in 2012, was resentenced to 25 years in prison to be released on parole. On June 25 th
of the same year, the Court ruled that life imprisonment without parole was juveniles involved
in non-homicide cases was cruel and violated the Constitution.
DISCUSSION 8
We tend to view families as safe-havens, where children learn the ropes of life and are nurtured
and loved. While that is true for most cases, families can also be institutions of abuse and harm
to their children. Moreover, this abuse is not limited to families only. Pedophiles and
kidnappers, who may be strangers to the children or distant relatives, are also involved in this
vicious cycle of abuse.
Experts are of different opinions when it comes to the incidence and prevalence of child abuse
in society. They are divided into maximalists and minimalist.
According to maximalists, child abuse is very rampant in our society, equivalent to an epidemic.
They believe it to be a severe issue that is not receiving due attention from society and legal
institutions. Furthermore, they emphasize the lack of reporting of such incidents, predicting the
number of child abuse cases being more than the statistics claim. Incidents of physical and
sexual abuse are commonplace, and the victims are believed to be silenced by abusers and
those in power.
On the other hand, Minimalists are wary of the experts claiming child abuse to be a growing
problem. They do not believe it to be an alarming situation and are skeptical of the statistics. In
their opinion, society’s definition of child abuse is becoming volatile, now including cases of
child discipline as abuse too.
I lean towards the maximalist perspective on child abuse. The idea that teaching discipline to a
child should involve violence at all is alarming, let alone condoning it. Moreover, even if
minimalists claim that cases are not increasing, just being reported more, it does not negate
that child abuse is more widespread than previously thought. The government should introduce
more laws to safeguard children’s rights and give them safe and secure places to grow.
References
CERTIORARI TO THE COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, 18-5924 (The Supreme Court
April 20, 2020).
Graham v. Florida. (2021, May 23). Retrieved from Oyez: https://www.oyez.org/cases/2009/08-7412
Karmen, A. (2015). Crime Victims: An Introduction to Victimology. Boston: Cengage Learning.
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DISCUSSION 7

Graham v. Florida. (2021, May 23). Retrieved from Oyez: https://www.oyez.org/cases/2009/08-7412

Karmen, A. (2015). Crime Victims: An Introduction to Victimology. Boston: Cengage Learning.

Word Count: 725

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