Monday, April 1, 2013

Applying Roper v. Simmons in Juvenile Transfer and Waiver Proceedings: A Legal and Neuroscientific Inquiry.

In this article by John Fabion he discusses the Roper vs Simmons supreme court case where the supreme court ruled the death penalty unconstitutional for juveniles. The courts reason for this is that juveniles lack maturity and therefore can be influenced easily by peers and cannot reason like an adult. The author, Fabion, then goes on to explain how the death penalty clashes with the original objective of juvenile court which is rehabilitation, so such punishments like the death penalty shouldn't apply to juvenile court because it contradicts its original function.
I had asked a couple questions about Juvenile sentencing earlier and this article directly applies. Juveniles whom get the death sentence usually get it for committing murders, just like adults. The alternative sentence would be juvenile transfer. 

Article:  Applying Roper v. Simmons in Juvenile Transfer and Waiver Proceedings: A Legal and Neuroscientific Inquiry. 
Author: John Fabion 
Source: International Journal of Offender Therapy & Comparative Criminology. Aug2011, Vol. 55 Issue 5, p732-755. 24p

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