In January 2016, the Supreme Court made a monumental decision, reflecting the notion that juveniles are not adults. For years, courts have been grappling with the notion that juveniles are not adults. The Supreme Court has finally published an opinion that will have extreme implications on the juvenile justice system.
Part I of this Note will discuss the birth of the juvenile justice system. Part II of this Note will briefly introduce the recent oral argument heard before the Supreme Court regarding whether the Supreme Court will apply Miller v. Alabama retroactively or non-retroactively. Part III will discuss the history of the juvenile justice system and show the progression of Supreme Court decisions regarding juveniles in the penal system. Part IV will discuss how neuroscience throughout the years has incessantly proven that juveniles are inherently different than adults. Part V will discuss and analyze the Miller decision and its effects, and Part VI will discuss the many implications that the recent Supreme Court decision to apply Miller retroactively has on the entire future of the juvenile justice system.
Recommended CitationDanielle Petretta, Juveniles Make Bad Decisions, but Are Not Adults & Law Continues to Account for This Difference: The Supreme Court’s Decision to Apply Miller v. Alabama Retroactively Will Have a Significant Impact on Many Decades of Reform and Current Debate Around Juvenile Sentencing, 37 Pace L. Rev. 765 (2017)
Available at: https://digitalcommons.pace.edu/plr/vol37/iss2/9