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Juvenile Lifers And Judicial Overrreach: A Curmedgeonly Meditation On Miller V. Alabama, Frank O. Bowman Iii
Juvenile Lifers And Judicial Overrreach: A Curmedgeonly Meditation On Miller V. Alabama, Frank O. Bowman Iii
Missouri Law Review
This Article focuses very little on the implications of Miller and Graham for the population they most directly affect – juvenile offenders previously eligible for sentences of life without parole – and more on the implications of the Court’s reasoning in Miller and Graham for sentencing generally. However gratifying the results of Miller and Graham may be as sentencing policy, they are troubling as a constitutional matter both because they are badly theorized and because they are two strands of a web of decisions in which the Court has consistently used doubtful constitutional interpretations to transfer power over criminal justice …
Where The Judiciary Prosecutes In Front Of Itself: Missouri's Unconstitutional Juvenile Court Structure, Josh Gupta-Kagan
Where The Judiciary Prosecutes In Front Of Itself: Missouri's Unconstitutional Juvenile Court Structure, Josh Gupta-Kagan
Missouri Law Review
Part II will describe the juvenile officer’s unique role in Missouri law, and explain how this role makes Missouri an outlier within the United States. Part III will argue that the juvenile officer’s prosecutorial discretion violates the separation of powers required by the Missouri Constitution and informed by the U.S. Constitution. Part IV will describe the real world harms that flow from this violation, with a particular focus on the harms in child abuse and neglect cases. Part V will outline potential policy solutions to this problem.