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Criminal Law

Eighth Amendment

Journal

University of Maine School of Law

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Appealing To Empathy: Counsel's Obligation To Present Mitigating Evidence For Juveniles In Adult Court, Beth Caldwell Jul 2017

Appealing To Empathy: Counsel's Obligation To Present Mitigating Evidence For Juveniles In Adult Court, Beth Caldwell

Maine Law Review

Media representations of youth as “superpredators” and “monsters” fuel public fear of juvenile offenders. These depictions infiltrate public consciousness and promote widespread misconceptions about the prevalence of youth crime and the nature of juvenile delinquents. In public discourse, youth who break the law are characterized as hardened criminals who will continue to prey upon innocent victims unless they are incarcerated. However, a closer examination of the life stories of young people who commit serious crimes reveals histories characterized a lawyer’s job is to uncover these stories and to tell them in a compelling way. The effective presentation of mitigating information …