36 Pages Posted: 29 Aug 2006
This paper argues that sentencing juveniles to life without parole violates the Eighth Amendment on its face after the Supreme Court's decision in Roper v. Simmons. In the alternative, it argues that the sentence violates the Eighth Amendment as applied in certain cases. The paper also presents reasons for the abolition of the sentence as a matter of state and federal policy.
Keywords: Juvenile, Life Without Parole
Suggested Citation: Suggested Citation
Massey, Hillary J., Disposing of Children: The Eighth Amendment and Juvenile Life Without Parole After Roper. Boston College Law Review, Vol. 47, p. 1083, 2006. Available at SSRN: https://ssrn.com/abstract=926758