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Essay on Life Without Parole for Juveniles

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Supreme Court ruling Graham v. Florida (2010) banned the use of life without parole for juveniles who committed non-homicide crimes, and Roper v. Simmons (2005) abolished the use of the death penalty for juvenile offenders. They both argued that these sentences violated the 8th Amendment, which prohibits cruel and unusual punishment. While these landmark cases made great strides for the rights of minors passing through the criminal justice system, they are just the first steps in creating a juvenile justice system that takes into consideration the vast differences between adolescents and adults. Using sociological (Butler, 2010) and legal (Harvard Law Review, 2010) documents, this essay will explicate why the next such step to be taken is …show more content…

He immediately goes on cite the Convention Against Torture’s suggestion that JLWOP sentences are “cruel, unusual, or degrading treatment” (p. 274). Butler also points out that “it is notoriously difficult to predict future dangerousness, especially based on a homicide committed by a teen” (p. 276). This point is one of the strongest arguments against JLWOP. It is commonly accepted that the brains and bodies of adolescents are not fully developed. As a result of this, it does not make sense for a child or teen to be treated the same way as an adult- in everyday life, minors are not expected to work full time jobs, and they cannot serve in the military, consume alcohol, or smoke tobacco products. Butler argues that the lack of responsibility attributed to them should extend to the criminal justice system, and they should be considered less culpable of their crimes due to their youth and all of its implications. Taking into consideration this lack of culpability for minors, the reasoning behind the ruling of Graham v. Florida can easily be applied to the elimination of the JLWOP sentence in its entirety. Harvard Law Review’s 2010 “Criminal Law and Procedure -Eighth Amendment-€ Juvenile Life Without Parole Sentences: Graham v. Florida” is a detailed review of the Graham v. Florida case. It goes in-depth about why the justices ruled against JLWOP in non-homicide cases. Unfortunately for

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