ABSTRACT
This chapter focuses on the struggles and successes youth advocates and juvenile defenders experienced in pursuing substantive protections for youth in the justice system. It focuses on the defenders' initial failures to convince the Supreme Court to abolish the juvenile death penalty. The chapter reviews the key studies from adolescent development research published in the 1990s and 2000s that highlight the biological and psychological reasons that youth, when compared to adults, are less adept decision-makers and more capable of change. It discusses how juvenile defenders and youth advocates used this emerging research to convince the Supreme Court and legislatures across the country not only to abolish the juvenile death penalty, but also to meaningfully embed the fact that youth are different from adults into criminal law and jurisprudence. The chapter offers some ideas about what the future may hold for creating a more research-driven, developmentally appropriate approach to youth who become involved in the juvenile and criminal justice systems.
