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The Supreme Court And The Rehabilitative Ideal, Chad Flanders
The Supreme Court And The Rehabilitative Ideal, Chad Flanders
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Graham v. Fl,orida,1 the Supreme Court's 2010 decision finding a life without parole sentence for a non-homicide crime committed by a juvenile "cruel and unusual' ' has rightly been recognized as a "watershed."2 A major focus of the extensive commentary on the case has been on its application of the "evolving standards of decency'' test to a punishment outside of the death penalty, and to whether Graham might apply also to adults.3 Equally important in Graham, but subject to comparatively less critical attention,4 is the central role that the rehabilitative theory of punishment plays in its …