Abstract
This article delves into the profound complexities surrounding juvenile violent offenders. The landmark Supreme Court decision in Miller v. Alabama ruled that mandatory life without parole for juveniles is unconstitutional, citing developmental neuroscience that suggests adolescent brains are more amenable to rehabilitation because of their ongoing development. However, this article posits the ruling overlooks critical nuances in brain development. Emerging research indicates some juvenile offenders may exhibit persistent neurological profiles, like structural and functional brain changes, which do not resolve with age, challenging the assumption all young offenders can be rehabilitated as they mature. Through an in-depth analysis of contemporary neuroscience, this article examines the long-term neurological and psychological trajectories of violent juvenile offenders, revealing structural brain differences that could perpetuate criminal behavior into adulthood. The discussion is framed within the context of how various jurisdictions have applied the Miller decision differently, underscoring the inherent inconsistency in juvenile sentencing. Ultimately, this article calls for a more nuanced and individualized approach to juvenile sentencing, balancing compassion with realism by integrating advanced neuroscientific insights. It argues for a judicial framework that genuinely reflects the complexities of adolescent brain development, ensuring that the legal system serves the best interests of society and its youth.
Recommended Citation
Christos D. Strubakos J.D., PH.D.,
Developmental Neurobiology and Miller v. Alabama: To What Extent Do Juvenile Brains Change?,
73 Clev. St. L. Rev.
405
(2025)
available at https://engagedscholarship.csuohio.edu/clevstlrev/vol73/iss2/9