Question
Emma is 16 years old. She has made quite a few poor decisions in her short life. Last month she stole a game system from
Emma is 16 years old. She has made quite a few poor decisions in her short life. Last month she stole a game system from a local electronic store in Philadelphia. As she was leaving the store, she was stopped by a security guard. Emma pulled out a handgun, shot and killed the guard, and then was apprehended after a six-hour standoff. Your supervising attorney has agreed to take on the case for Emma pro bono. She is concerned that Emma may bechargedwith a capital offense, and wants to know if that charge could result in a death sentence for Emma. Your issue: Can a 16-year-old defendant be sentenced to death in the United States? If not, what is her sentence likely to be?
Support your analysis first with United States Supreme Court (FEDERAL) case law,followedby applicable state law (statutes, case law).
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