Hannah Duncan

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Youth Always Matters: Replacing Eighth Amendment Pseudoscience with an Age-Based Ban on Juvenile Life Without Parole

Existing Eighth Amendment protections force judges to sort children into pseudoscientific categories. An analysis of sentencing transcripts reveals that sentencers routinely rely on unfounded assumptions when sentencing juveniles to life in prison. Following efforts led by formerly incarcerated youth, an age-based ban is necessary to protect youth from irreversible punishment.