Juvenile Sentencing Laws: Updates and Legislative Schemes Across States
Juvenile Sentences of Life in Prison
without the Possibility of Release
Perry Moriearty
Associate Professor
University of Minnesota Law School
Minnesota House Public Safety and Criminal Justice Reform Committee
March 6, 2019
States Required to Amend Laws
after
Miller v. Alabama
Anne Teigen, Miller v. Alabama
and Juvenile Life Without Parole Laws
,
National
Conference of State Legislatures
, Apr. 2017
States that Have Not Amended Laws
after
Miller v. Alabama
Compiled from
: Campaign for the Fair Sentencing of Youth
, Mar. 2019;
Robina Institute of Criminal Law
and Criminal Justice
, Feb. 2018;
National Conference of State Legislatures
, Apr. 2017
States that have Banned
Juvenile Sentences of Life Without Release
C
AMPAIGN
FOR
THE
F
AIR
S
ENTENCING
OF
Y
OUTH
, Mar. 2019
Bipartisan Support for Legislation
Banning Juvenile Life Without Release
C
AMPAIGN
FOR
THE
F
AIR
S
ENTENCING
OF
Y
OUTH
, Mar. 2019
Some Legislative Schemes
in Other States
•
Arkansas
: bans LWOR for juveniles; eligibility for parole after 20, 25 or 30 years depending on
offense; applies to consecutive sentences and retroactively
•
California
: bans LWOR for juveniles; eligibility for parole after 15, 20 or 25 years depending
on offense; applies to consecutive sentences and retroactively
•
Delaware
: bans LWOR for juveniles; eligibility for parole after 20, 25 or 30 years depending
on offense; applies to consecutive sentences and retroactively
•
Nevada
: bans LWOR for juveniles; eligibility for parole after 15 or 20 years depending on
offense; generally applies to consecutive sentences
•
North Dakota
: bans LWOR for juveniles; eligibility for parole after 20 years; applies to
consecutive sentences
•
West Virginia
: bans LWOR for juveniles; eligibility for parole after 15 years; applies to
consecutive sentences and retroactively
•
Wyoming
: bans LWOR for juveniles; eligibility for parole after 25 years; applies retroactively
C
AMPAIGN
FOR
THE
F
AIR
S
ENTENCING
OF
Y
OUTH
, Mar. 2019
The information provided discusses juvenile sentencing laws, emphasizing life imprisonment without parole and the changes being made at the state level. It covers amendments required after Miller v. Alabama, states that have not made changes, states that have banned juvenile life sentences without release, bipartisan support for legislation on banning such sentences, and specific legislative schemes in different states such as Arkansas, California, Delaware, Nevada, North Dakota, West Virginia, and Wyoming.
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Presentation Transcript
Juvenile Sentences of Life in Prison without the Possibility of Release Perry Moriearty Associate Professor University of Minnesota Law School Minnesota House Public Safety and Criminal Justice Reform Committee March 6, 2019
States Required to Amend Laws after Miller v. Alabama Anne Teigen, Miller v. Alabama and Juvenile Life Without Parole Laws, NATIONAL CONFERENCEOF STATE LEGISLATURES, Apr. 2017
States that Have Not Amended Laws after Miller v. Alabama Compiled from: CAMPAIGNFORTHE FAIR SENTENCINGOF YOUTH, Mar. 2019; ROBINA INSTITUTEOF CRIMINAL LAW AND CRIMINAL JUSTICE, Feb. 2018; NATIONAL CONFERENCEOF STATE LEGISLATURES, Apr. 2017
States that have Banned Juvenile Sentences of Life Without Release CAMPAIGNFORTHE FAIR SENTENCINGOF YOUTH, Mar. 2019
Bipartisan Support for Legislation Banning Juvenile Life Without Release CAMPAIGNFORTHE FAIR SENTENCINGOF YOUTH, Mar. 2019
Some Legislative Schemes in Other States Arkansas: bans LWOR for juveniles; eligibility for parole after 20, 25 or 30 years depending on offense; applies to consecutive sentences and retroactively California: bans LWOR for juveniles; eligibility for parole after 15, 20 or 25 years depending on offense; applies to consecutive sentences and retroactively Delaware: bans LWOR for juveniles; eligibility for parole after 20, 25 or 30 years depending on offense; applies to consecutive sentences and retroactively Nevada: bans LWOR for juveniles; eligibility for parole after 15 or 20 years depending on offense; generally applies to consecutive sentences North Dakota: bans LWOR for juveniles; eligibility for parole after 20 years; applies to consecutive sentences West Virginia: bans LWOR for juveniles; eligibility for parole after 15 years; applies to consecutive sentences and retroactively Wyoming: bans LWOR for juveniles; eligibility for parole after 25 years; applies retroactively CAMPAIGNFORTHE FAIR SENTENCINGOF YOUTH, Mar. 2019
