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U.S. Supreme Court,
Criminal,
Constitutional Law

Feb. 11, 2016

What juvenile LWOP ban really means

Montgomery should be interpreted for what it is - an acknowledgment that juveniles are different from adults and that those differences must be addressed in the sentencing of any youthful offender.

Cyn Yamashiro

Cyn is a criminal defense attorney in private practice in Santa Monica. He is a former clinical professor of law and founding executive director of the Center for Juvenile Law and Policy at Loyola Law School.

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In 1996, before a U.S. Senate subcommittee on youth violence, Princeton University Professor John Dilulio Jr. proclaimed that a generation of juvenile superpredators were poised to wreak havoc on society. Criminologist James Fox echoed this sentiment, declaring that legislative inaction would result in a "bloodbath." Their warnings were heeded and "get tough on crime" legislation targeting youthful offenders passed in almost every state. California was no exception. Led by then-Gov. Pete W...

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