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Using Graham v. Florida to Challenge Juvenile Transfer Laws

Louisiana Law Review, Vol. 71, pp. 99-155, 2010

57 Pages Posted: 22 Jul 2011  

Neelum Arya

Campaign for Youth Justice

Abstract

The article suggests that the recent Supreme Court opinion in Graham v. Florida abolishing life without parole sentences for juveniles (JLWOP) convicted of nonhomicide crimes, may be used to challenge juvenile transfer laws. Part I provides a description and analysis of the Graham opinion and reviews the Court's Eighth Amendment jurisprudence through to their recent ruling declaring JLWOP sentences for nonhomicide crimes unconstitutional. Part II argues that youth have a right to rehabilitation found under the state's police power. In addition, Graham discusses three types of difficulties that adult decisionmakers in the criminal justice system have with respect to youth that may be useful to challenge transfer laws. First, judges and experts have problems evaluating the culpability and maturity of youth. Second, adult perceptions of youth are biased by the severity and manner in which the crimes were conducted. Third, counsel have difficulty representing youth in the adult system. These factors apply to all youth prosecuted in the adult criminal system, regardless of offense charged or sentence imposed. Finally, Part III encourages lawyers to revisit these prior challenges in both individual cases and as part of impact litigation strategies to declare all transfer statutes, or portions of them, unconstitutional.

Keywords: juvenile justice, Graham v. Florida, youth, Eighth Amendment, life without parole

Suggested Citation

Arya, Neelum, Using Graham v. Florida to Challenge Juvenile Transfer Laws. Louisiana Law Review, Vol. 71, pp. 99-155, 2010. Available at SSRN: https://ssrn.com/abstract=1892424

Neelum Arya (Contact Author)

Campaign for Youth Justice ( email )

1012 14th St. NW, Suite 610
Washington, DC 20005
United States

HOME PAGE: http://www.campaignforyouthjustice.org

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