Sentencing and Juvenile Offenders: An Examination of Culpability, Mitigation and Mental Health.

• In Event: Mental Health Issues in the Juvenile Justice System: Decision-making, Sentencing, and Confinement

Abstract

Mitigation evidence, such as mental cond itions which may inspire compassion, can be used to powerfully argue for a shorter term of incarceration or for probation instead of incarceration. In capital cases for example, mental illness and mental health testimony may be all that is needed to make the difference between life and death. This paper will present an examination of criminal cases where juvenile defendants have successfully used mental health issues as a mitigating circumstance or legal defense. The paper will examine the unique issues posed when mental health is presented to a jury or a court as a means of reducing or eliminating culpability. In recent years, the Supreme Court has eliminated the death penalty, mandatory life imprisonment without parole, and life without parole in non-murder cases as options for juvenile offenders. However, the mental state of a juvenile offender, either due to age in and of itself or a mental disorder, remains a relevant legal consideration.

Authors

• Caroline Jalain, The University of Southern Mississippi

• Lisa Nored, University of Southern Mississippi