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An Eighth Amendment Analysis of Statutes Allowing or Mandating Transfer of Juvenile Offenders to Adult Criminal Court in Light of the Supreme Court's Recent Jurisprudence Recognizing Developmental Neuroscience

3 Virginia J. Crim. L. 1 (Spring 2015)

37 Pages Posted: 15 Sep 2015  

Katherine Puzone

Barry University - Dwayne O. Andreas School of Law

Date Written: September 14, 2015

Abstract

In analyzing the constitutionality of statutes allowing the State to charge a juvenile offender as an adult without a hearing, courts have consistently rejected Constitutional challenges using a due process analysis. Over the last decade, Supreme Court cases banning the juvenile death penalty, banning juvenile life without parole for non-homicides and banning mandatory juvenile life without parole for cases including homicide were decided using an Eighth Amendment analysis. This article argues that, given the Supreme Court’s recognition of developmental neuroscience, juvenile transfer statutes should be reevaluated using an Eighth Amendment analysis. All procedures pursuant to which juveniles are transferred to adult court should be subject to Eighth Amendment scrutiny.

Keywords: juvenile offender, life without parole, Eighth Amendment, 8th Amendment, developmental neuroscience, due process, juvenile death penalty, juvenile transfer statutes

Suggested Citation

Puzone, Katherine, An Eighth Amendment Analysis of Statutes Allowing or Mandating Transfer of Juvenile Offenders to Adult Criminal Court in Light of the Supreme Court's Recent Jurisprudence Recognizing Developmental Neuroscience (September 14, 2015). 3 Virginia J. Crim. L. 1 (Spring 2015). Available at SSRN: https://ssrn.com/abstract=2660450

Katherine Puzone (Contact Author)

Barry University - Dwayne O. Andreas School of Law ( email )

6441 East Colonial Drive
Orlando, FL 32807
United States

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