It is unjust to treat juvenile cases in the same manner that the adult
criminal justice treats adult cases. Imposing a life with no parole to
juveniles has been officially declared to violate the constitution of
America. This declaration was made by the Supreme Court in regard to the
Miller V. Alabama. According to the details of this case, Miller, who
was the defendant, had been tried like an adult and was given a life
term with no parole. However, the court opinion on the case came out
clear that the mandatory life sentence without parole for juveniles
violates the constitution. This is because it precludes consideration
for impetuosity, failure to appreciate risks, and immaturity (Siegel &
Welsh, 2012). In this light, there are pros and cons of mandatory life
with no parole for juveniles.
One of the pros of life without parole is that it acts a better option
to the death penalty. The death penalty is costly and delivers less to
society. Life with no parole provides a quick, certain and severe
punishment (Ogletree & Sarat, 2012). Therefore, juveniles will fear
facing such severe punishments, and thus prevent such cases, which will
be beneficial to society. Besides, life with no parole seeks to provide
justice to survivors of victims of murder allowing investment of
resources in preventing violence and solving other murders.
On the other hand, life without parole is disadvantageous to the
juveniles since it offers unjust trials to the juveniles. The juveniles
may have an age that influences them to act in a certain manner that may
lead to murder (Hassine et al, 2011). In such a case, having the
juvenile serve life with no parole will be unfair since it is out of the
age of a minor that influences his actions. It is also a waste to the
youths, who would later contribute to the development of society.
Siegel, L. J., & Welsh, B. (2012). Juvenile delinquency: Theory,
practice, and law. Australia: Wadsworth, Cengage Learning.
Hassine, V., Johnson, R., & Tabriz, S. (2011). Life without parole:
Living and dying in prison today. New York: Oxford University Press.
Ogletree, C. J., & Sarat, A. (2012). Life without parole: America`s new
death penalty?. New York: New York University Press.
RETRIBUTIVE JUSTICE AND MANDATORY LIFE IMPRISONMENT FOR JUVENILE
OFFENDERS PAGE * MERGEFORMAT 3
RETRIBUTIVE JUSTICE AND MANDATORY LIFE IMPRISONMENT FOR