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Journal

2010

Duke Law

Health Law and Policy

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Full-Text Articles in Law

Juvenile Justice, Sullivan, And Graham: How The Supreme Court’S Decision Will Change The Neuroscience Debate, Johanna Cooper Jennings May 2010

Juvenile Justice, Sullivan, And Graham: How The Supreme Court’S Decision Will Change The Neuroscience Debate, Johanna Cooper Jennings

Duke Law & Technology Review

Over the past twenty years, neuroscientists have discovered that brain maturation continues through an individual’s mid-twenties. The United States Supreme Court cited this research to support its abolition of the juvenile death penalty in Roper v. Simmons. Now the Court is faced with two cases that challenge the constitutionality of sentencing juveniles to life imprisonment without parole. Many believe these studies indicate that juveniles are both less culpable for their actions and more likely to reform; therefore, life in prison for juveniles is disproportionate, cruel, and unusual. However, others caution against the use of these studies in deciding issues of …