Tuesday, June 8, 2021
Raphael A. Friedman has posted Roper, Graham, Miller, & the MS-13 Juvenile Homicide Cases (NYU Annual Survey of American Law, Forthcoming) on SSRN. Here is the abstract:
This Note proceeds in three parts. Part I sets the stage for studying the Supreme Court’s juvenile sentencing jurisprudence. It takes a step back in order to orient the landmark trilogy of cases—Roper, Graham, and Miller —within the broader legal framework of criminal and juvenile justice. It is broken into three subcategories. Subpart (A) briefly explains the principal justifications for punishing criminality. After better understanding why we punish altogether, Subpart (B) analyzes why juveniles should be punished differently from adults. This is explored very briefly from a historical, political, and legal perspective. Subpart (C) explains in what circumstances juveniles in the justice system are treated like adults and why, again from a historical, political, and legal perspective. Part II examines how the Supreme Court limited in some measure the punishments that can be meaded out to juveniles, even if being sentenced within the adult criminal justice system. Roper, Graham, and Miller are explored in detail, as well as some of the preceding cases that paved the road to these landmark rulings, and some subsequent cases. Part III analyzes how judges should implement the guidance given by the Supreme Court in these cases. The analysis will trace Josue Portillo’s case but its implications apply across the field of juvenile justice.