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Summary
Within this country the debate of whether or not it is morally okay to sentence a juvenile
to life in prison without the possibility of parole has been a topic of discussion ever since the case
of Miller Vs. Alabama came to the attention of the whole nation. This case brought focus back to
the idea of “can children be held responsible for their actions as adults when they are still
children?” In this reading we see two different perspects, one of which would indicate that yes, it
is morally and ethically wrong to sentence a juvenile to life in prison without the possibility of
parole. As well as the other perspective which would indicate that no, it is not morally or
ethically wrong to sentence a juvenile to life in prison without the possibility of parole. The
perspective of “yes” would be held by Elena Kagan in her article “Majority Opinion” in which
she highlights the 8th amendment and the clause in that amendment that relates back to cruel and
unusual punishment. Within her article she also explores the vast examples of juveniles going
through this exact experience to back up the points that she offers for her argument. On the
opposing side with the opinion of “no” we have John Roberts and his article titled “Dissenting
Opinion.” Robert’s argument contains the idea that the different types of punishments handed out
to offenders should be absolutely and completely up to our government, more specifically the
legislative branch of our government. In his article Roberts also refers to the 8th amendment, but
differently argues that this amendment allows the courts to completely ban punishments that are
seen as too harsh and too cruel. Roberts argues that in today's day in age the courts do not view
life without the possibility of parole as too harsh or too cruel, even for juvenile offenders. From
these two articles the two sides of the argument are displayed and both have their valid points on
why their side is correct, but this issue is vastly more complicated than simply just that.
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Reaction
This article relates heavily to issues being brought to light, even today. There are a vast
majority of cases where juveniles have committed crimes and their charges were upgraded and
moved into adult court. For example, in New Orleans two fifteen year olds were charged as
adults for second degree murder and armed robbery. In this specific case, which I say because
every single case is different, these two fifteen year olds come from an area that is riddled with
crime. These actions probably seemed like just something people do as compared to most people
who learn long before the age of fifteen that hurting someone is wrong. It also must be added
that, according to the National Institute of Health, the frontal lobe of the brain does not fully
develop until the age of twenty-five. While I understand that most kids are taught what is right
and what is wrong from a very young age, it also must be taken into consideration that juvenile
brains are not even close to being fully developed to the point where they can make smart and
well rounded decisions. Overall, I feel that all cases and the offenders of those cases should be
evaluated and every situation should be treated differently. Not every case is the same and every
case should be treated as such.
Conclusion
This article would be an incredibly important article for anyone to read who is uncertain
on the topic of juveniles and sentencing them to life without parole. This article offers the two
completely different sides of the debate. Both sides make valid points to support why they feel
their argument is correct. But, it is my opinion that this topic is much more of a gray area than
what is right and what is wrong when involving juvenile offenders. While everyone should be
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well informed on the opinions of both sides, it is also important to take the evidence and draw
one's own conclusions. Each case of a juvenile committing a serious crime where there is the
possibility of charging them as an adult should be treated as their own case and have the facts of
their specific case looked at individually. All I can say on this topic is that each case and its
circumstances as well as the offenders are different and should be treated as such.
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References
Rust, Kaitlin. “Two 15 Year-Olds Charged as Adults in January Murder.”
Https://Www.Fox8live.Com, 25 May 2021,
www.fox8live.com/2021/05/24/two-year-olds-charged-adults-january-murder/.
Arain M, Haque M, Johal L, Mathur P, Nel W, Rais A, Sandhu R, Sharma S. Maturation of
the adolescent brain. Neuropsychiatr Dis Treat. 2013;9:449-61. doi: 10.2147/NDT.S39776.
Epub 2013 Apr 3. PMID: 23579318; PMCID: PMC3621648.
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