Do Miller and Montgomery apply to discretionary LWOP
From 1994 to 2009, eleven states adopted LWOP
as an alternative to death in lieu of, or in addition to, a pre-existing sentencing alternative that allowed the defendant the opportunity for parole.
at 67-71 (considering social science data and precedent in determining that LWOP
for juvenile offenders did not serve legitimate penological goals).
In fewer than ten years, the Supreme Court has given hope to juveniles with LWOP
sentences across the country.
957, 996 (1991rejecting proportionality challenge to mandatory LWOP
sentence for possessing more than 650 grams of cocaine); Solem v.
The judge does not explain why hearing impairment and borderline mental retardation do not make Barnes less accountable, or why LWOP
is not enough accountability.
disagreement over LWOP
is comparatively overlooked.
Throughout the book, Leigey makes a point that LWOP
is not fair for all inmates.
46) In the wake of the "tough-on-crime" approach, mandatory minimum sentences, including LWOP
punishments, started to appear in courtrooms across the United States; there was also an increase in waivers to adult court, which sent juveniles into the realm of the adult system of punishment.
In Miller, the Court struck down the laws in at least twenty-nine states that permitted juveniles to be tried as adults and automatically sentenced to LWOP
Miller featured a challenge of the constitutionality of LWOP
Scott & Grisso, Evolution of Adolescence, supra note 9, at 141-44; Barry Feld, Unmitigated Punishment: Adolescent Criminal Responsibility and LWOP
Sentences, 10 J.