Waging the Battle for Society’s Soul: The Constitutionality of Juvenile Transfer Legislation in the Wake of Jones v. Mississippi lawreview - Minnesota Law Review
By LOGAN KNUTSON. Full Text. Trying juvenile defendants as adults is a cruel, yet enduring practice in U.S. criminal law. If convicted, these youthful offenders face brutal conditions in adult prison and a lifelong stigma. Although these devastating consequences of conviction are readily apparent, juvenile transfer is insidious even absent a prison sentence or criminal lawreview - Minnesota Law Review
By LOGAN KNUTSON. Full Text . Trying juvenile defendants as adults is a cruel, yet enduring practice in U.S. criminal law. If convicted, these youthful offenders face brutal conditions in adult prison and a lifelong stigma. Although these devastating consequences of conviction are readily apparent, juvenile transfer is insidious even absent a prison sentence or criminal record. State-level legislation that mandates or creates a presumption for subjecting juveniles to any degree of proceedings in adult court disregards their unique capacity for rehabilitation—a characteristic of youth that both modern neuroscience and the U.S. Supreme Court have recognized for decades. In the context of sentencing juveniles to life without parole, the Court has acknowledged that the Constitution affords additional protection to children. Accordingly, with few exceptions, this type of sentence violates the Eighth Amendment. But the preclusion of disproportionately harsh punishment for children should not—and cannot—be confined to this one area of criminal law. Instead, this Note promotes an expansive application of the constitutional prohibition of cruel and unusual punishment with respect to juvenile defendants. Guided by the Supreme Court’s jurisprudence regarding juvenile life without parole, this Note offers a lens to identify the more subtle dangers of transfer legislation that fails to account for the difference between children and adults. Tweet Share
Executive Summary
The article examines the constitutionality of juvenile transfer legislation in the wake of Jones v. Mississippi, arguing that subjecting juveniles to adult court proceedings disregards their unique capacity for rehabilitation. The author promotes an expansive application of the constitutional prohibition of cruel and unusual punishment, guided by the Supreme Court's jurisprudence on juvenile life without parole. The article highlights the need to consider the subtle dangers of transfer legislation and its potential to violate the Eighth Amendment.
Key Points
- ▸ Juvenile transfer legislation disregards the unique capacity for rehabilitation of youthful offenders
- ▸ The Constitution affords additional protection to children, particularly in sentencing
- ▸ The Supreme Court's jurisprudence on juvenile life without parole can inform the analysis of transfer legislation
Merits
Comprehensive Analysis
The article provides a thorough examination of the constitutional implications of juvenile transfer legislation, considering both the Supreme Court's jurisprudence and modern neuroscience.
Demerits
Limited Scope
The article primarily focuses on the Eighth Amendment and the Supreme Court's jurisprudence on juvenile life without parole, without fully exploring other potential constitutional or statutory challenges to juvenile transfer legislation.
Expert Commentary
The article presents a compelling argument for reevaluating the constitutionality of juvenile transfer legislation in light of the Supreme Court's jurisprudence on juvenile life without parole. The author's analysis highlights the need for a more nuanced understanding of the complexities of juvenile justice and the importance of considering the unique needs and capacities of youthful offenders. By promoting an expansive application of the constitutional prohibition of cruel and unusual punishment, the article contributes to a growing body of scholarship aimed at reforming the juvenile justice system.
Recommendations
- ✓ Legislators and policymakers should consider the article's analysis when developing or reforming juvenile transfer legislation
- ✓ The judiciary should take into account the Supreme Court's jurisprudence on juvenile life without parole when reviewing challenges to juvenile transfer legislation
