8th Amendment
The evidence provided in this brief supports bold reforms for youth and emerging adults sentenced to extreme punishments.
This paper analyzes how race and reproductive healthcare are used as carceral tools of racial oppression that emanate from slavery. I argue that both mass incarceration and the denial of reproductive health services for Black women must be abolished as a way of abolishing vestiges of slavery. Part II contextualizes the historical control of Black…
A concentration of a few states has unevenly complied with Miller and the possibility of resentencing provided by Montgomery. Some states have refused to comply at all. This uneven implementation of the Miller decision has a particularly profound impact on racial disparities among those serving JLWOP. An analysis of those deemed worth protecting from JLWOP…
This article makes the argument against the imposition of life without parole for young people who commit felony murder using an adolescent development framework. The author analyzes existing case law to outline that, just as the U.S. Supreme Court found the death penalty inappropriate for felony murder and relied on adolescent brain development research in…
The paper proceeds as follows: Part I describes the changes in law in the late 1980s and early 1990s that resulted in a marked increase in young people sentenced to life or life-like sentences, as well as the evolving understanding of psychosocial and neurological development that followed. Part II summarizes the U.S. Supreme Court’s Eighth…
