Sentencing Juveniles to Life in Prison: The Reproduction of Juvenile Justice for Young Adolescents Charged with Murder

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Bibliographic Details
Title: Sentencing Juveniles to Life in Prison: The Reproduction of Juvenile Justice for Young Adolescents Charged with Murder
Language: English
Authors: Singer, Simon I.
Source: Crime & Delinquency. Nov 2011 57(6):969-986.
Availability: SAGE Publications. 2455 Teller Road, Thousand Oaks, CA 91320. Tel: 800-818-7243; Tel: 805-499-9774; Fax: 800-583-2665; e-mail: journals@sagepub.com; Web site: http://sagepub.com
Peer Reviewed: Y
Physical Description: PDF
Page Count: 18
Publication Date: 2011
Document Type: Journal Articles
Reports - Research
Descriptors: Sanctions, Correctional Institutions, Juvenile Courts, Criminals, Juvenile Justice, Court Litigation, Law Enforcement, Homicide, Death, Crime
DOI: 10.1177/0011128710396426
ISSN: 0011-1287
Abstract: In "Roper v. Simmons," the U.S. Supreme Court determined that the sentencing of juveniles to death violated the constitutional amendment against cruel and unusual punishment. Similarly, the Court most recently decided that life without parole for non-homicide offenses is also unconstitutional ("Graham v. Florida," 2010). Part of the reason for the Court's decisions is the lack of consensus as to the appropriateness of punishing juveniles as if they were adults. To examine the extent to which there is consensus as to the capital penalties for capital crimes, this article examines a population of young juveniles who were initially charged with murder, and then subsequently convicted in criminal court and sentenced to life in prison. As is the case with adults, not all juveniles were convicted in criminal court for their initial charge of murder. But unlike for adults, a proportion of eligible juveniles were adjudicated delinquent in juvenile court or received youthful offender in criminal court, resulting in a less severe sentence than a maximum of life in prison. The author suggests that this reduced set of sanctions, which a segment of juveniles receive, is substantive justice and the reproduction of juvenile justice. He found significant differences in the reproduction of juvenile justice by place and prior offense. (Contains 3 tables.)
Abstractor: As Provided
Number of References: 45
Entry Date: 2011
Accession Number: EJ943077
Database: ERIC
Description
Abstract:In "Roper v. Simmons," the U.S. Supreme Court determined that the sentencing of juveniles to death violated the constitutional amendment against cruel and unusual punishment. Similarly, the Court most recently decided that life without parole for non-homicide offenses is also unconstitutional ("Graham v. Florida," 2010). Part of the reason for the Court's decisions is the lack of consensus as to the appropriateness of punishing juveniles as if they were adults. To examine the extent to which there is consensus as to the capital penalties for capital crimes, this article examines a population of young juveniles who were initially charged with murder, and then subsequently convicted in criminal court and sentenced to life in prison. As is the case with adults, not all juveniles were convicted in criminal court for their initial charge of murder. But unlike for adults, a proportion of eligible juveniles were adjudicated delinquent in juvenile court or received youthful offender in criminal court, resulting in a less severe sentence than a maximum of life in prison. The author suggests that this reduced set of sanctions, which a segment of juveniles receive, is substantive justice and the reproduction of juvenile justice. He found significant differences in the reproduction of juvenile justice by place and prior offense. (Contains 3 tables.)
ISSN:0011-1287
DOI:10.1177/0011128710396426