Abstract
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. However, 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. As enunciated in Miller v. Alabama, “sentencing a child to life without parole is excessive for all but ‘the rare juvenile offender whose crime reflects irreparable corruption’.” Why no categorical ban of life without parole for all juveniles offenders? One impediment to a categorical ban of juvenile life without parole sentences for all juveniles, including juvenile 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. A more fluid assessment of murder dynamics, juvenile development, and crime desistance suggest sentence length parameters to guide release decisions for juveniles serving life terms.
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