Locking Up Juvenile Offenders: The Legalistic Impact of Juvenile Offender Sentencing and Life Without Parole

• In Event: Punitive Sentencing of Serious Juvenile Offenders

Abstract

Defendants have challenged the criminal justice system in relation to the application of adult sentencing guidelines imposed on juvenile offenders. The U.S. Supreme Court has intervened over the years in their rulings on juvenile offender sentencing as pertaining to the death penalty, solitary confinement, and life sentences without parole. A recent decision rendered by the U.S. Supreme Court reaffirmed and clarified the issue of juveniles and the application of life without parole.. The decision in Montgomery v. Louisiana focused on limiting such sentencing utilizing the criteria of irreparable corruption and offender culpability attributable toward juvenile defendants. This decision served to clarify the 2012 Miller v. Alabama court decision where juveniles were exempt from life without parole in cases of diminished capacity and greater prospects for reform. This paper offers examination of disproportionate juvenile sentencing imposed by criminal courts and the context of how U.S. Supreme Court rulings reflect concern for juveniles in considering such issues as the death penalty and solitary confinement. Legal analysis of key court decisions along with policy reports from organizations such as the Marshall Project and Vera Institute of Justice will be used in understanding the policy shift emphasizing protection for the rights of juvenile offenders.

Author

• Lloyd Klein, Hostos Community College, CUNY