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Zari Basden
ERWC
Mrs. Porraz
2 March 2015
Juvenile Justice Final Draft
Supreme Court Justice Elena Kagan claimed that a life sentence convicted to a juvenile
who committed a murder is a violation of the eighth Amendment. She concluded that a life
sentence is a neglect to account for immaturity, understand consequences and risks, and
environmental factors that may plague a child criminal. Nonetheless, such evidence is sufficient
enough to provide a foundation in the juvenile legal system adolescents or children who
commit capital offences, such as murder, should not be given a life sentence until deemed
necessary. Children should be excluded from a life sentence for numerous reasons: their brains
are not fully developed, there are various external stimuli that have the capability to influence
them, and adolescents should rather be given the chance for rehabilitation.
The article, Startling Finds on Teenage Brain, asserts that in terms of cognitive
development, teenagers are far from adulthood (Thompson). Adolescent brains during this
period are suffering from a massive loss of brain tissue. This loss occurs in the frontal regions
of the brain, which are the control centers for regulating impulses, and risk-taking behavior; the
frontal regions also regulate emotions, and passionate desires and compulsions (Thompson).
Therefore, the child is deprived of cognitive machinery that is needed to control impulses and
emotions. Thus, they are at risk of violent or irrational behavior fueled by emotions, in which the
cause-and-effect of actions are inhibited. The teenager is unable to accurately and precisely
calculate the consequence of their actions, and partake in behavior that is not necessarily well

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thought out. Nathaniel Brazil even stated that it was a stupid mistake (Thompson) after
shooting a teacher and killing her; no insight was provided into why he did it, which implies a
lack of development and maturity.
Furthermore, there are numerous environmental factors that has a sufficient impact on the
child. As illustrated in Scott Andersons article, Gregs homelife did exhibit an environment of
social isolation and family strife, which criminologists define as a characteristic usually found in
a killers home. Greg lived in a house of tensions and fighting. His parents argued about his
fathers drinking and Greg himself was a witness of constant physical confrontations between his
mother and sisters. Nonetheless, after his siblings moved out, Greg became the one subjected to
such outbursts. This would evidently cause deep trouble for the child and incite anger.
Eventually, this would provide the adolescent with the idea that there is no way to escape it until
drastic actions ; and as seen with Greg, he concluded that murder was the only way out. Greg
even stated, Mom and Dad, they are never, ever gonna listen to me (Anderson). Garinger
claims that kids cannot be classified among the worst offenders because children cannot escape
from dangerous environments. He further describes, in the sense that parental abuse and
negative home lives can leave children with little hope and limited choices.
Nevertheless, children should also excluded from life sentences because the focus should
not be locking up a child, but rehabilitating them. Garinger asserts that childrens characters are
still in formation, and are vulnerable to external forces. Therefore, the child should be isolated, as
to remove any previous outside forces that may have contributed to the adolescents previous
behavior and actions, and given the opportunity to mature developmentally. As seen with Greg
Ousely, such rehabilitation is possible and not idealistic. It is practicable. Garinger argues that in
regard to adolescents, the same malleability that makes them vulnerable to peer pressure also

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makes them promising candidates for rehabilitation. The fact that an adolescent brain has not
completed developing should illustrate that they are not done growing, and should not be
punished for life when direction is needed the most. Children are not going to develop and
mature correctly if they are surrounded with adult criminals, which may actually then shape
these children into superpredators (Garinger) in a prison system that views them as adults.
Rather, as these children develop, they should be provided with education and rehabilitation to
prevent them from molding into criminals for life.
Children need to be excluded from life sentences, they are not adults and lack the
capacity to be treated as such. By convicting adolescents to life sentences, the legal system is
convicting these children as criminals for a life sentence. Although they should be held
accountable for theri behavior and actions, a life sentence is not necessary until it is rightfully
deemed necessary so. Adolescents are are susceptible to temptation, and still in the process of
growing. If they are thrown into prison at a critical age, they are developmentally stunted for life.
They will lack the capability of insight that is expected of an adult citizen. If people can plead
insanity, receive the help necessary to correct their behavior, and allowed back into society, why
cant children? The insanity plea implies a diminished capacity, and still maintains the defendant
guilty. Adolescents also suffer from a diminished capacity though, and should be allowed to plea
adolescence.

Works Cited

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Anderson, Scott. "Greg Ousley Is Sorry for Killing His Parents. Is That Enough?" (2012): 1-17.
The New York Times. Print.
Garinger, Gail. "Juveniles Don't Deserve Life Sentences." (2012): 1-3.The New York Times. Print
Thompson, Paul. "Startling Finds on Teenage Brains." (2001): 47-48. Sacramento Bee. Print.