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The Miller Trilogy and the Persistence of Extreme Juvenile Sentences
American Criminal Law Review  (IF3.455),  Pub Date : 2021-09-01, DOI:
Cara H. Drinan

In a series of Eighth Amendment cases referred to as theMillertrilogy, the Supreme Court significantly limited the extent to which minors may be exposed to extreme sentences. Specifically, in this line of cases the Court abolished capital punishment for minors and narrowed the instances when minors may be sentenced to life without parole. Only minors convicted of homicide who are found to be “in-corrigible” may now be subject to a death-in-custody sentence. In limiting extreme sentences for youth in these ways, the Supreme Court relied upon the social and medical science that demonstrates youth are simultaneously less culpable for their acts and more amenable to rehabilitation than adults.