Juveniles

Question 1

Eberhardt study

Answer 1

a. Black defendants who were perceived as “stereotypically black” were much more likely to receive death sentence than those who were not
i. Only applied in black on white crime; not black on black
ii. Perceived as Interpersonal rather than intergroup conflict

Question 2

Roper v. Simmons

Answer 2

i. Kids are impulsive and character isn’t fully formed; aren’t cognizant of ramifications so death penalty isn’t a deterrent

ii. Holding (Kennedy):
1) An individual who has committed capital murder between the ages of fifteen and eighteen cannot be sentenced to death.
2) International law and foreign practice, particularly when near-universal in support of a common doctrine or policy, may be considered in interpretations of the Eighth Amendment to the United States Constitution by American courts.

iii. Dissent (Scalia):
1) Murderers, even juveniles, aren’t “average” and should be held to the “average” standard of their peers
2) Cites APA study (Hodgson v. MN)
a) Juveniles are mature enough to get abortion without notifying parents
b) APA counters that “one is a rational, deliberate decision (abortion), the other is impulsive and rushed (murder)

Question 3

Graham v. Florida

Answer 3

a. Rule: Imposing a sentence of life in prison without parole upon a juvenile who did not commit homicide violates the Eighth Amendment’s prohibition against cruel and unusual punishment.

b. Holding (Kennedy):
i. Medical amici curiae briefs show fundamental differences between juvenile and adult brains
1) Juveniles much more capable of change (i.e. rehabilitation)

Question 4

Moffitt Childhood self-control study

Answer 4

Low childhood self-control leads to much higher percentage of adult criminal convictions

Question 5

Miller v. Alabama

Answer 5

a. Rule: A mandatory punishment of life without parole for those under the age of 18 at the time the crime is committed violates the Eighth Amendment’s prohibition on cruel and unusual punishment.
b. Holding: mandatory minimums imposed by Alabama law prevents courts from considering a juvenile’s diminished culpability and potential for reformation.

Question 6

Finding from Monahan/Walker: (Mueller, VMI, Brown)

Answer 6

i. Courts should treat social science research (legislative fact, not adjudicative) as legal precedent under common law
ii. Like law, SS applies to many parties, not just those in instant case

iii. SS treated not like fact, but like law
1) Obtain
a) From studies, not expert testimony
2) Evaluate (186)
a) Higher courts in appellate structure have more weight
b) Better reasoned cases have more weight
c) Analogous cases carry more weight
d) Precedent in other courts important
establish

Question 7

Social Authority (Monahan/Walker) –> Before Daubert test

Answer 7

a. Courts should treat social science research relevant to creating a rule of law as a source of authority rather than as a source of facts, as they would treat legal precedent under common law

b. Good faith exception to empirical rule (J. Blackmon opinion)
Allow for standard to be changed based on new information