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Juvenile Life Without Parole Punishment

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Is Juvenile Life Without Parole an acceptable punishment for minors?
As of 2016, 7 states have outright banned Juvenile Life Without Parole, while the rest of the 43 states have laws that allow for it. In recent rulings, this sentencing was seen as unconstitutional in regards to non-homicidal offenses and a clear violation of the 8th amendment, protecting a citizen from cruel and unusual punishment, referring to homicidal crimes. It was ruled that this punishment should not be used unless the minor showed clear signs of irreparable corruption. Studies have shown that juveniles are incapable of processing thoughts the same way adults do because their brains are fully developed yet, therefore making them more likely to act purely on impulse, …show more content…

Simmons, 543 U.S. 551 (2005), it was determined that the death penalty was a disparate punishment for juvenile inmates because of their immaturity, therefore it was banned in 12 states in general and 18 more states under juvenile circumstances. Roper left life without parole as the harshest punishment a juvenile could receive. In Graham v. Florida, 130 S. CT. 2011 (2010) it was ruled that if the crime was not homicide, then life without parole was not a valid punishment and thereof was banned from being used. As Graham said in the trail “Adolescence is marked by transient rashness, proclivity for risk, and inability to assess the consequences, all factors that should mitigate the punishment received by juvenile defendants.” Providing a further explanation to the decision in the ruling. Following the rulings in Roper and Graham , Miller v. Alabama and Jackson v. Hobbs, 132 S. Ct. 2455 (2012) set out that judges were allowed to view and use the juvenile’s characteristics in order to give a fair and individualized sentencing. Miller changed sentencing laws in 28 states and brought up the controversy of whether or not it was retroactive leading to the most recent trial, Montgomery v. Louisiana 577 U.S. ___ (2016), in which the verdict was States can resolve the unconstitutionality of juvenile life without parole sentences by allowing parole hearings and not resentencing approximately 2,100 people whose life sentences were issued mandatorily. The case is further …show more content…

The only thing getting rid of juvenile life without parole would do, is allow an offender’s case to reviewed after a period of time, while also taking into consideration the different circumstances and characteristics of each individual. The reason behind doing this would be to ensure an inmate honestly needs to be serving the life sentence and it wasn’t just something done in adolescence idiocy, to show they’ve matured. The suggested time frame is 10 to 15 years, if good enough rehabilitation has not been showcased, then the individual is to remain in jail and his/her case looked at again in another few years. While getting rid of juvenile life sentences would be ideal in most cases, it is a necessary evil in terms of juvenile murders, rapists,

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