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(p. xii) The Legal Context 

(p. xii) The Legal Context
(p. xii) The Legal Context

Antoinette Kavanaugh

and Thomas Grisso

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date: 26 January 2021

The chapter begins with a brief introduction, describing the scope and types of evaluations for juvenile sentencing in criminal court, offering the reader relevant terminology and an introduction to the book’s purpose. The primary focus of the chapter is on the relevant law for these evaluations. It describes relevant U.S. Supreme Court cases, especially Miller v. Alabama, which abolished mandatory life without parole sentences for juveniles and required developmental analysis to inform juvenile sentencing, as well as Montgomery v. Louisiana, which required resentencing for persons previously receiving mandatory life without parole sentences as juveniles. Miller’s definitions for the standards to be applied in juvenile sentencing and resentencing are then introduced and discussed: the legal concept of “irreparable corruption” and the five “Miller factors” defining characteristics of immaturity relevant for sentencing. Finally, the chapter describes the legal process for juvenile sentencing, identifying the role of Miller evaluations within that process.

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