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Criminal Procedure

Criminal Law and Procedure

Florida Coastal School of Law

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Certainty In A World Of Uncertainty: Proposing Statutory Guidance In Sentencing Juveniles To Life Without Parole, Sonia A. Mardarewich Mar 2013

Certainty In A World Of Uncertainty: Proposing Statutory Guidance In Sentencing Juveniles To Life Without Parole, Sonia A. Mardarewich

Sonia A Mardarewich

CERTAINTY IN A WORLD OF UNCERTAINTY: PROPOSING

STATUTORY GUIDANCE IN SENTENCING JUVENILES TO LIFE WITHOUT PAROLE

Sonia Mardarewich[1]

Florida Coastal School of Law

March 2013

Abstract: Before the Supreme Court’s decision in Miller v. Alabama, the states were divided between mandatory and discretionary life without the possibility of parole sentencing approaches. The Supreme Court decision of Miller eliminated mandatory life without parole for juvenile defendants under the age of eighteen at the time of the crime. The Supreme Court now mandates that every juvenile must be granted an individualized sentencing hearing to ensure youth and attendant mitigating circumstances …