Law Commons^™

Cudgel Or Carrot: How Roper V. Simmons Will Affect Plea Bargaining In The Juvenile System , D. Brian Woo

Pepperdine Dispute Resolution Law Journal

In 2005, the United States Supreme Court held, in Roper v. Simmons, that the execution of convicted juveniles violated the Eighth Amendment's prohibition on cruel and unusual punishment. In addressing the issue, the Court determined that a national consensus had developed against the execution of juveniles. Ultimately, a majority of the court decided that a national public consensus had been reached against the execution of juveniles under 18 in age. With Roper, no longer can juveniles of any age be executed. This decision will undoubtedly affect the entire juvenile penal system, from how cases enter the system, to …