LOUISIANA LAW REVIEW
[Vol. 71The new categorical rule established by
has thepotential to profoundly impact the field of juvenile justice andyouth
policies as a whole.
explicitly provides only
a ―meaningful opportunity
to obtain release based on demonstrated
maturity and rehabilitation‖
for all persons currently servingJLWOP sentences for nonhomicide crimes,
it remains to be seenwhat ripple effects this case will generate across the criminal justice system.
Dedicated lawyers across the country are workingon behalf of Terrance Graham and Joe Sullivan,
and the otherindividuals serving JLWOP sentences for nonhomicide crimes, toensure that this recent victory is not illusory. Many lawyers arecontemplating how to broaden the reach of
to abolish lifewithout parole sentences for adults. Scholars are examining theimpact of this latest decision on Eighth Amendment jurisprudenceoverall. This Article takes a different approach and examines
perspective focusing on how it may beused to reform the juvenile and criminal justice systems byeliminating the ability to prosecute youth as adults in the firstplace.
paved the way for
foreshadows significant changes in the legal landscape related toyouth prosecuted as adults.
The result of litigation-based
at 835. The following year, in
Stanford v. Kentucky
492 U.S. 361 (1989), amajority upheld the death penalty for 16 and 17 year olds in a decision that wasoverturned by the
note 1 and accompanying text.5.
, Elisa Poncz,
Rethinking Child Advocacy After
: “Kids Are Just Different” and “Kids Are Like Adults” Advocacy
J. 273 (2008) (explaining andapplying the tensions between special rules for youth in the criminal justicecontext to areas such as medical decisionmaking, emancipation, marriage,parenting, education, and the Internet).6.
, 130 S. Ct. at 2030.7. The Court identified a total of 129 individuals in 12 jurisdictions:Florida, California, Delaware, Iowa, Louisiana, Mississippi, Nebraska, Nevada,Oklahoma, South Carolina, Virginia, and in the federal system.
,at 1145 (―If, as a matter of constitutional law,
death were no longer different, our criminal justice system would be almost
certainly for the better.‖).
9. The companion case,
, was ―dismissed as
ted.‖ 130 S. Ct. 2059, 2059 (2010). However, Joe Sullivan
will benefit from the
ruling declaring a categorical ban on JLWOPsentences for nonhomicide crimes.
10. For a description of juvenile transfer laws, see
60 andaccompanying text.11.
is not likely to produce widespread reforms by itself.
,Michael McCann & Helena Silverstein,
’s “Allurements”: A