Malvo Case, Death Penalty

Malvo Case: Beltway Sniper

Issue:

Should minors be put to death for the crimes they commit?

Relevance to Case At Hand:

Malvo was 17 when him and his accomplice (Muhammad) killed more than four people in a sniping spree. I believe that Malvo's major influence was Muhammad, 41. Malvo did most of the shooting, but as an adolescent it may not seem fair to be put to death. As a minor, it is so easy to get manipulated and peer pressured into doing things that occur only because their maturity level has not developed. At ages 16-17 a juvenile is still immature and does things without realizing the seriousness of the consequences. At the same time there are juveniles that are leaders of gangs and have a lot of criminal intent on injuring or permanently harming others. How can we separate the children that do not know the seriousness of crimes they have done, from children that matured a lot faster and know the seriousness in everything they have done?

Research Findings:

It is a tough decision when it comes to determining whether a juvenile should be put to death or not. Research has also claimed that the human brain is not fully developed, specifically the frontal lobe, until the early 20's. (Cassel, 03) All of our sources of organization, planning, strategizing, judgment, reasoning, and impulse control is not fully complete till the ages of 21 or 22(Cassel, O3). Malvo was 17 at the time of the murders and very easily persuaded by Muhammad. Should he be accountable for his mistakes by death or is it possible that a weekly dose of counseling and jail time be seen as a better punishment for him. "Adolescents as a group, even at the age of 16-17, are more impulsive than adults. They underestimate risks and overvalue short-term benefits. They are more susceptible to stress, more emotionally volatile, and less capable of controlling their emotions than adults."(Cooperman, 04) If a child is raised around violence then it's likely for the child to engage in violent behavior. This also depends how the violence is staged in front of the child.

In this case, Malvo was taught violence rather than just seeing it second hand. This makes it more likely for Malvo to do violence acts, but how much of this is really his fault? He is still a minor and has not reached any stage of maturity. He cannot drink legally on his own, become independent, or do many other things with out the consent of his parents/guardian. This shows that he is still a child and should be tried as a child for the most part.

Children can get told what to say and what to do when they're giving statements. They tend to say rehearsed statements in order to protect a family member or a loved one. Malvo's lawyers wanted the judge to throw out one of his statements he made to the police saying prosecutors have not turned over portions in which they allege Malvo. He claimed that he rehearsed that statement in order to protect Mr. Muhammad (Jackman, 03). His lawyer also claimed that he was manipulated my Muhammad and that this is why he should be spared. Children are very easily influenced when being told something by a loved one or by someone they trust.

Research has also shown that 16-17 year olds run some of the deadliest gangs. There are children that develop a violent lifestyle from the people they have been around their whole life. Some even pick up some of these violent mindsets from movies. For instance, the movie Scarface is a favorite movie for a lot of teenagers as well as college students. The movie was filled with drugs, gun violence, and sex. Children tend to pick up what they learn through their life experiences, television, and the media. Children stay within the norm; this is why so many look at the movie Scarface as idealistic, rather than looking at it as a criminality that will not be accepted in the American way of life.

Background of Malvo Case:

Lee Malvo, 17, was an immigrant from Jamaica. He came across the border with other Asian aliens as well as with his mother. The ship let them out at Miami In June of 2001. They traveled to Bellingham, Wash. where some agents then stopped them. On December 19th, 2001 Border patrol arrested Malvo and his mother.

At this time they were supposed to be set for deportation, because they had no legal documents, identification, or papers. INS (immigration and naturalization services) did not deport Malvo or his mother. Instead, Uma James (mother) was released after paying a $1500 bond and Marvo was released without paying anything.

Malvo met up with his stepfather, John Allen Muhammad, who would soon lead his stepson into a future of imprisonment. Two weeks after Malvo was released from the juvenile center, Malvo and his stepfather reached Washington and began their sniping.

They rode in a 1990 blue Chevy caprice that had a three-inch hole in the trunk, which was used for sniping people. The Chevy, soon enough was identified on October 24th at a highway rest area west of Maryland.

Malvo and Muhammad were arrested and Police were able to link the rifle found in their car to the shootings that have occurred. Along with the Bushmaster .223 semi-automatic rifle, officers found a laptop computer, a scope, a tripod, and a sniper platform in the Chevy caprice.

The fingerprints of Malvo were found on the Bushmaster rifle leading us to believe that he was the shooter. He was then tried for the murder of Linda Franklin on October 14th, 2002. Malvo was charged with two counts of capital murder and gun charges. Additionally, he was tried in Virginia for the simple fact that their law allows the death penalty on minors who committed crimes before the age of 18.

Conclusion:

The death penalty should not be used loosely, but at the same time it should be the punishment that is fit for certain crimes. Supreme court does not believe that juvenile offenders should be sentenced to capital punishment. The high courts consider it unconstitutional, at least until reaching the age of eighteen (Cooperman,