What is the rationale for prohibiting the death penalty for juvenile offenders?

Many of the Court decisions on legal rights of juveniles have narrowed the differences on how defendants are handled in juvenile courts and adult criminal courts. Review the Court cases presented in this chapter and develop arguments both for and against maintaining a separate juvenile justice system.
1. What is the rationale for prohibiting the death penalty for juvenile offenders? Review the U.S. Supreme Court’s 2005 decision in Roper v. Simmons (http://www.supremecourt.gov/opinions/04pdf/03-633.pdf). Identify and critique the major arguments that guided the Court’s decision.
2. What are your views on the death penalty? What are your views on the death penalty for juvenile offenders? Should age of the offender mitigate the use of the death penalty?
3. Review the U.S. Supreme Court’s 2012 decision in Miller v. Alabama. What is the Court’s rationale for overturning the use of “mandatory” sentences of life without parole for juvenile offenders? What is your response to the Court’s rationale?
4. In re Gault (1967) was a landmark decision that changed the course of juvenile justice in the United States. Consider how the juvenile justice system would be different today if the Court had not ensured due process rights for juvenile offenders.

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