What U.S. Supreme Court decisions have had a substantial impact on the handling of juvenile offenders by the justice system?
What will be an ideal response?
Some key U.S. Supreme Court decisions that have affected how juvenile offenders are handled by the justice system include:
• Kent v. U.S. (1966): This case ended the hands-off era in juvenile justice and recognized that at least minimal due process must be provided in juvenile court hearings.
• In re Gault (1967): In this case, the Court held that juveniles have a right to notice of charges, a right to counsel, a right to confront and to cross-examine witnesses, and constitutional protections against self-incrimination.
• In re Winship (1970): In this case, the Court held that allegations of delinquency must be established beyond a reasonable doubt, while status offenses may be established by preponderance of the evidence.
• McKeiver v. Pennsylvania (1971): The Court ruled that juveniles do not have the constitutional right to a jury trial.
• Breed v. Jones (1975): This case severely restricted the conditions under which transfers from juvenile to adult court may occur, and stated that they must occur before an adjudicatory hearing has been held in juvenile court.
• Schall v. Martin (1984): The Court upheld the practice of preventive detention but stated that it cannot be imposed without prior notice, an equitable detention hearing, and a statement by the judge setting the reasons for the detention.
• Thompson v. Oklahoma (1988): The Court ruled that national standards for decency do not permit the execution of any offender who was under the age of 16 at the time of the crime.
• Roper v. Simmons (2005): The Court held that the death penalty may not be imposed on offenders who commit a capital crime when younger than 18.
• Graham v. Florida (2010): The Court ruled that the Eighth Amendment’s ban on cruel and unusual punishments prohibits the imprisonment of a juvenile for life without the possibility of parole as punishment for a crime not involving homicide.
• Miller v. Alabama (21012): The Court held that mandatory life-without-parole sentences for individuals under the age of 18 convicted of homicide violates the Eighth Amendment.
• Montgomery v. Louisiana (2016): This case retroactively applied the Miller decision, giving offenders who had been sentenced to mandatory life without parole as juveniles the right to have their sentences reviewed. The case also made it clear that sentences of life without parole should only be imposed in rare cases of “permanent incorrigibility.”
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