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Certainty In A World Of Uncertainty: Proposing Statutory Guidance In Sentencing Juveniles To Life Without Parole., Sonia Mardarewich
Certainty In A World Of Uncertainty: Proposing Statutory Guidance In Sentencing Juveniles To Life Without Parole., Sonia Mardarewich
The Scholar: St. Mary's Law Review on Race and Social Justice
In Miller v. Alabama, the United States Supreme Court held that mandatory life sentences without parole imposed upon juveniles was unconstitutional. The Court reasoned that the sentence was cruel and unusual punishment in violation of the Eighth Amendment. The Court, however, did not hold it was unconstitutional to sentence a juvenile to life without parole if there was “transferred intent” or “reckless disregard.” Nonetheless, the Court effectively abolished state discretion and required sentencing courts to consider an offender’s youth and attendant characteristics as mitigating circumstances. The Court, however, did not specify what sentencing guidelines should dictate. Thus, states are now …
A Study In The Treatment Of Crime And Law Enforcement In The United States As Compared To The European Countries., George E. Glos
A Study In The Treatment Of Crime And Law Enforcement In The United States As Compared To The European Countries., George E. Glos
St. Mary's Law Journal
The United States holds a comparably higher crime rate than European countries in the area of homicide, aggravated assault, robbery, burglary, and incitation of riots. This article explores the differences existing in the treatment of serious crimes in the leading systems of criminal law and law enforcement. This study examines how the United States, compared with European countries, define subcategories of major crimes and establish the penalties, defenses, and the access to relief attached to each crime. Contrasted with the provisions of the various states of the United States, the European provisions are simpler and carry stiffer penalties. The object …