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Abstract

This Note explores the intricate relationship between emerging adulthood, defined as the transitional phase between youth and adulthood (ages 18-25), and the legal implications of capital punishment. Contrary to a fixed age determining adulthood, research highlights the prolonged nature of the maturation process, especially for individuals impacted by Adverse Childhood Experiences (ACEs). The Note challenges the current legal framework that deems individuals aged 18 to 25 who experienced ACEs as eligible for capital punishment, highlighting the cognitive impact of ACEs on developmental trajectories. Examining cases like Dzhokhar Tsarnaev and Billy Joe Wardlow, this Note argues that courts often bypass mitigating evidence related to ACEs, thereby perpetuating judicial errors. The mismatched burdens of proof for aggravating and mitigating factors further compound the problem, contributing to a flawed system that disproportionately affects emerging adults. In response to these issues, some states are reevaluating their approach to emerging adult justice, considering initiatives such as “raise the age” campaigns and specialized courts. The Note promotes an approach that aligns with cognitive age appropriateness, tailoring interventions to encompass restorative justice, rehabilitative measures, and a comprehensive legal framework to address the distinct needs of the emerging adult population. Recognizing the potential for cognitive development and rehabilitation during this transitional phase, this Note contends that alternative methods can provide opportunities for ACE-impacted individuals to age out of criminal behaviors, potentially altering life trajectories and mitigating the imposition of capital punishment.

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