Mississippi College Law Review
Publication Date
Fall 2023
Abstract
“We are a country of mercy, and we are a country of vengeance, and we live with both at the same time.” This is how Robert Dunham, death penalty expert and Executive Director of the Death Penalty Information Center, describes the United States sentencing system. Battling inside each of us is the desire for people to pay for their wrongdoings, warring against the empathy of our human nature that wants to see the good in people, even criminals.
This internal conflict is rarely on better display than in cases involving child criminals. It is impossible to forget that these children and teenagers are criminal offenders, and in homicide cases, a victim lost their life because of the child’s crime. On the other hand, it is easy to see their humanity and remember that they are still children—children who likely experienced unimaginable hurt that caused them to act defiantly toward family and government.
The United States is currently the only nation in the world where life sentences for juveniles are permitted. Due to a recent string of United States Supreme Court cases on the subject of juvenile sentencing, life without parole is only available as a sentence for juveniles who have committed homicide. The topical focus of these recent decisions was on juvenile sentencing, but the determination centered around interpretation of the Eighth Amendment— specifically the Eighth Amendment’s prohibition on cruel and unusual punishment.
Recommended Citation
McQuirter, Giulia Hintz
(2023)
"CHILDREN ARE DIFFERENT: JONES V. MISSISSIPPI, JUVENILE LIFE WITHOUT PAROLE, AND WHY YOUTHFULNESS MATTERS IN SENTENCING,"
Mississippi College Law Review: Vol. 41:
Iss.
3, Article 7.
Available at:
https://dc.law.mc.edu/lawreview/vol41/iss3/7