The Jurisprudence of Death and Youth: Now the Twain Should Meet



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Texas Tech Law Review


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.



Juvenile transfer, Current status of juvenile transfer eligibility, Lessons of death penalty narrowing for juvenile transfer, Narrowing juvenile transfer eligibility, Miller's lessons on individualization for juveniles, Abolishing mandatory transfer laws, Discretionary juvenile transfers: judicial, Discretionary juvenile transfers: prosecutor, Guided discretion in capital cases, Applying lessons of death to judicial and prosecutorial discretion transfers


Janet C. Hoeffel, The Jurisprudence of Death and Youth: Now the Twain Should Meet, 46 Tex. Tech L. Rev. 29 (2013-2014)