Young Enough for the Maximum: Discretionary Release Decisions in the Post-Miller Era

Abstract

Based on U.S. Supreme Court decisions recognizing adolescence, we examined the likelihood of parole in one state for a population of candidates whose ages ranged from 14 to 21 at time of offense. Logistic regressions tested age on release, controlling for offense, adolescence-related, and rehabilitative variables. Contrary to expectations, a parole candidate’s age at time of offense is not associated with release nor did age interact with culpability and rehabilitation measures. Instead, victim and prosecutorial opposition is related to a lower likelihood of release where the opposition effect is greater for those 18 years and older at time of offense. These findings reiterate the need for comparative research on parole decision-making as it may vary by time and place.