Benched: How Judges Feel Behind the Scenes about Giving Juvenile Lifers a Second Chance

• In Event: Legal Insights into Juvenile Justice Issues

Abstract

Scientific technology has advanced our understanding of the juvenile brain and its developmental trajectory, revealing an adolescent’s cognitive capacities are distinct from both children and adults. This scientifically informed understanding of juveniles has culminated in a series of landmark decisions handed down by the Supreme Court of the United States (SCOTUS) permanently altering jurisprudence as it applies to youth in America.

The current study is focused on understanding the impact that neurobiological factors have had in courtrooms across the nation. Having gained access to the Pennsylvania Criminal Court Judiciary, interview questions were formulated and designed to use in private, face-to-face interviews with judges to learn how SCOTUS’ ruling had manifested in the judiciary’s legal reasoning and decision-making processes. The variation in these judicial perspectives and their passionate justification for feeling as they do, opens the door for essential dialogue yet to take place. Qualitative analysis of interviews with the judiciary revealed the Higher Court’s attempts to make justice more equitable and accessible for youthful offenders has instead had a ripple effect within the legal system, introducing layers of inequity and confounding the judiciary’s duty to determine justice for victims and offenders in their courtrooms.

Author

• Catherine June Sacarellos Maurer, Department of Defense