For Kids in Courtrooms, the United States Is Still Cruel and Unusual
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Despite the recent Supreme Court ruling in Miller v. Alabama, the United States will remain the only country in the world to sentence children to spend their lives in prison. Like countries worldwide, our laws prohibiting children from marrying, voting and drinking recognize that those under the age of 18 are categorically different from adults -- a difference we fail to apply to their treatment under criminal law. Enshrined in laws in 28 states and in federal court, children in the United States could be transferred to adult court, tried as adults, and subject to mandatory sentencing schemes. In the Miller decision the Court ruled that a mandatory sentence of life without parole is unconstitutional when applied to juveniles for homicide crimes. Under this decision, judges in all U.S. courts are required to take into account factors such as the defendant’s age, background, involvement in the crime, and possibility of rehabilitation before issuing a sentence.