University of Pennsylvania Journal of Law and Social Change
Publication Date
Spring 2025
Document Type
Article
First Page
121
Abstract
The harmful impact of life without parole sentences on American juveniles is layered and far-reaching. Incarcerated juveniles are often exposed to threat and abuse, all while being separated from their family and any semblance of social support during a uniquely formative time. Numerous psychological and neurological studies have determined that juvenile confinement exacerbates negative neurodevelopmental and quality of life outcomes. Allegations and recorded instances of physical abuse in both the juvenile legal system and for juveniles facing imprisonment in adult correctional institutions only compounds the issue. Punitive discipline, the threat of sexual assault, and emotional maltreatment also prove detrimental to overall functioning. As a result, many juvenile lifers report intense feelings of hopelessness, fear, and anger that often manifest in severe anxiety and depression.
Amidst these bleak outcomes and accompanying calls for reform, some states have chosen to do away with juvenile life without parole (JLWOP) sentences. Nonetheless, some jurisdictions continue to uphold the anachronistic practice.
This paper sets out a measured approach to systematically ban JLWOP in all states that have yet to abolish it. By incorporating history, case law, public sentiment, and practical limitations, the strategy offered aims to provide potential incremental solutions. The ultimate goal, however, is to collate a compelling constitutional argument for the U.S. Supreme Court to one day eliminate JLWOP altogether.
Repository Citation
David
Koeller,
Ending JLWOP in America: A Measured Approach to Building a Categorical Ban on Unreviewable Juvenile Life Sentences,
28
U. Pa. J.L. & Soc. Change
121
(2025).
Available at:
https://scholarship.law.upenn.edu/jlasc/vol28/iss2/3
