Notion that “Kids are Different” Takes Hold in Youth Justice Policy Reform

2005 – Roper v. Simmons: U.S. Supreme court rules that it is cruel and unusual punishment to impose the death penalty on people for crimes committed when they were younger than 18. “[F]rom a moral standpoint it would be misguided to equate the failings of a minor with those of an adult, for a greater possibility exists that a minor’s character deficiencies will be reformed.” Roper v. Simmons, 543 U. S. 551, 570 (2005). 

2010 – Graham v. Florida: U.S. Supreme Court rules that life-without-parole sentences imposed on children for non-homicide offenses are unconstitutional. “‘(J)uvenile offenders cannot with reliability be classified among the worst offenders.’ “ Graham v, Florida, 130 S. Ct. 2011, 2026 (2010), quoting Roper, 543 U.S., at 573.“Juveniles are more capable of change than are adults, and their actions are less likely to be evidence of ‘irretrievably depraved character’ than are the actions of adults. Id. 

2011 — J.D.B. v. North Carolina: U.S. Supreme Court establishes that youth status matters in areas of youth justice beyond the context of harsh sentencing policies when it imposed the requirement that law enforcement officials must consider the age of a suspect in determining whether Miranda warnings should be issued.

In the Wake of Miller v. Alabama, States Should Rethink How to Hold Youthful Offenders Accountable

Many states are scrambling to figure out how to comply with the recent U.S. Supreme Court ruling in Miller v. Alabama that mandatory life-without-parole sentences for children are cruel and unusual punishments. The best advice is simple: slow down and take advantage of this opportunity to rethink how you should hold youth accountable for serious crimes. The June ruling struck down all statutes that require a child to be sentenced to die in prison. In doing so, the Court reaffirmed its recent holdings that require children to be treated differently in the justice system. People now serving mandatory life sentences without parole for crimes committed as youth are due resentencing hearings, which must take into account mitigating factors such as their age at the time of the crime, family history, role in the crime, and other relevant factors.