ABSTRACT
In a series of decisions, the Supreme Court changed the landscape on how juveniles aged 17 and younger are sentenced for the most serious crimes. In its decision banning the death penalty for juveniles, the Supreme Court first recognized that children are different than adults due to their immaturity, susceptibility to peers, and transitory personalities. The recognition of adolescence paved the way for the Supreme Court to ban all LWOP terms of non-homicide offenses and automatic LWOP terms for homicide offenses. States are now required to provide a “meaningful opportunity to obtain release” for juvenile lifers already serving LWOP terms, in the form of resentencing and/or parole board hearings. Importantly, the Supreme Court’s decisions envision a meaningful opportunity that recognizes a juvenile lifer’s lesser culpability and capacity for reform. In light of the Supreme Court rulings, state parole boards are expected to provide a “meaningful opportunity” in the form of an individualized meaningful review of a juvenile lifer’s case.
