The Jurisprudence of Death and Youth: Now the Twain Should Meet
Hoeffel, Janet C.
Argues that the jurisprudence of juvenile transfer should go a step further down the comparative road paved by the Court and insist that juvenile transfer proceedings be subject to the same scrutiny exercised over capital punishment proceedings. Further advocates that while Eighth Amendment jurisprudence need not be literally incorporated into juvenile transfer proceedings, it should be adopted through the Due Process Clause.
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Kennedy, Joseph E. (Texas Tech Law Review, 2013)Proposes a very different type of legislative reform for juvenile transfer: a legislatively created right to a jury trial on the issue of whether juveniles should be sentenced as juveniles or as adults. Part I will briefly ...
The Widening Maturity Gap: Trying and Punishing Juveniles as Adults in an Era of Extended Adolescence Pimentel, David (Texas Tech Law Review, 2013)Examines how the criminal justice system has dramatically expanded the prosecution of juveniles as adults. Brief overview of these conflicting trends appear to be driven by the same source: the perception that the world ...
Slobogin, Christopher (Texas Tech Law Review, 2013)To the point of this Article, a prevention-oriented approach provides a strong basis for abolishing transfer and transfer-like policies. While desert-based punishment-even discounted punishment-requires adult-style sentences ...