Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Symposium: Bombshell Or Babystep - The Ramifications Of Miller V. Alabama For Sentencing Law And Juvenile Crime Policy: Symposium Foreword, Paul J. Litton
Symposium: Bombshell Or Babystep - The Ramifications Of Miller V. Alabama For Sentencing Law And Juvenile Crime Policy: Symposium Foreword, Paul J. Litton
Missouri Law Review
Part II of this Foreword briefly addresses one open constitutional question in the wake of Miller: in light of its rationale, is juvenile LWOP – whether mandatory or the result of an individualized sentencing process – constitutionally permissible? I argue that the Miller opinion itself is incoherent insofar as it permits juvenile LWOP as a constitutionally viable sentence. Part III provides a short synopsis of the controversy among Justices regarding the proper methodology for Eighth Amendment proportionality analyses. Then, with particular attention to the authors’ different takes on Miller’s implications for methodology, Part III provides a guide to the symposium …
Precedent As A Policy Map: What Miller V. Alabama Tells Us About Emerging Adults And The Direction Of Contemporary Youth Services, Clark M. Peters
Precedent As A Policy Map: What Miller V. Alabama Tells Us About Emerging Adults And The Direction Of Contemporary Youth Services, Clark M. Peters
Missouri Law Review
To illuminate the role that Miller plays with regard to the wider realm of youth policy, I will employ the analytic approach of Professor John Kingdon, whose influential book Agendas, Alternatives, and Public Policies (Agendas) provides a framework for understanding how ideas move from mere proposals to effectuated policy. His approach emerges from the pluralist tradition, which emphasizes government processes and the role of political influence in affecting policy choices. In posing Kingdon’s central question – “How does an idea’s time come?” – to the Miller decision, this Article employs Kingdon’s theoretical framework in two ways. First, Kingdon’s framework is …