Abstract
ESSAY: Murder Most Human: A Case for a Categorical Ban of Life-Without-Parole Sentences for All Juvenile Offenders with Guidelines for Release Decisions for Former Juvenile Life-Without-Parole Cases
Highlights
Court in Graham used murder as a marker of moral depravity: “in terms of moral depravity,” the Court stated that even the most serious non-homicide crimes “cannot be compared to murder.”[3]
Alabama, “[a]lthough we do not foreclose a sentencer’s ability to make that judgment in homicide cases, we require it to take into account how children are different, and how those differences counsel against irrevocably sentencing them to a lifetime in prison.”[1]. Why no categorical ban of life without parole for all juveniles offenders? One impediment to a categorical ban of life without parole sentences for all juveniles, including juveniles convicted of murder, may be found in the Court’s understanding of the crime of murder and the character of offenders convicted of murder, which I will argue is misguided
An extensive body of research on homicide by Miethe and Regoeczi lead them to state: “Our primary conclusion is that a more complete understanding of homicide involves conjunctive thinking and attention to the interaction between offenders and victims within particular situational contexts.”[6]. Their analysis of statistics on homicide patterns, together with their review of crime reports, highlights the interpersonal and cultural dynamics of homicides.[7]
Summary
The Supreme Court has made clear that there is a categorical ban of mandatory life without parole sentences for all juveniles. This ban of mandatory sentences necessarily includes juveniles convicted of the most heinous murders. Juveniles convicted of murder can be sentenced to life without parole when the sentence is meted out on an individual basis, with due consideration given to the individuality of the offender and the unique circumstances surrounding the offense. One impediment to a categorical ban of life without parole sentences for all juveniles, including juveniles convicted of murder, may be found in the Court’s understanding of the crime of murder and the character of offenders convicted of murder, which I will argue is misguided.
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