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Capital Sentencing For Children In Virginia In The Wake Of Miller V. Alabama And Montgomery V. Louisiana, Julie Ellen Mcconnell
Capital Sentencing For Children In Virginia In The Wake Of Miller V. Alabama And Montgomery V. Louisiana, Julie Ellen Mcconnell
Law Faculty Publications
Recent United States Supreme Court decisions have declared it unconstitutional to sentence a juvenile to mandatory life in prison without an opportunity for parole. Virginia, a state that abolished parole in 1995, has yet to recognize the federally mandated prohibition against disproportionate punishment imposed on juveniles, particularly in cases where the mandatory minimum sentence is life without parole. This article proposes the General Assembly should amend current laws that reflect the unconstitutionality of these statutes as applied to juveniles.
Death Row, Calls For Indifference, And Redemption Of The Soul, Corinna Barrett Lain
Death Row, Calls For Indifference, And Redemption Of The Soul, Corinna Barrett Lain
Law Faculty Publications
In this Response, I first engage with McLeod’s article, summarizing its key claims and endorsing its call for legislative action, while disagreeing at times with the analytical moves it makes along the way. I then turn to two questions that the article inspired. One stems from comments in the constitutional, academic, and public discourse calling for indifference to the way we treat the condemned in light of the way they treated their victims. Given the depravity of the crimes the condemned have committed, why should we care about the conditions under which they are housed on death row? The other …