ABSTRACT

This chapter reviews discretionary release practices impacting juveniles sentenced to adult maximums of life. First, we relate how late 20th century automatic waiver and determinate sentencing policies led to a rapid rise in the juvenile lifer population. A segment of the juvenile lifer population was sentenced to life without the possibility (LWOP). We review the US Supreme Court’s decision to ban automatic LWOP sentences for juveniles, and the Court’s mandate to provide a meaningful review. We further relate the Court’s recognition of adolescence to state parole board discretionary release practices. Next, we survey the number of juvenile lifers in the country, and state efforts to provide juvenile lifers the opportunity for release on parole. Finally, we conclude with a recommendation for state parole boards to formally recognize the adolescence of juveniles sentenced as adults, and to enhance the possibility of a meaningful review.