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16 Berkeley J. Crim. L. 1 (2011)

handle is hein.journals/bjcl16 and id is 1 raw text is: Realistic Opportunity for Release Equals Rehabilitation: How the States Must Provide Meaningful Opportunity for Release Sally Terry Green* INTRODUCTION The juvenile should not be deprived of the opportunity to achieve maturity of judgment and self-recognition of human worth and potential.' Childhood bespeaks opportunity, especially as it relates to the passage of time-that is children have more years left ahead than left behind. Yet, opportunity varies from one child to the next depending on their circumstances (psychological, sociological, or otherwise). In Graham v. Florida, the United States Supreme Court held that the Eighth Amendment prohibits the sentence of life without parole for 2 juveniles convicted of non-homicide offenses. The Graham Court further provided that the States must provide juveniles sentenced to life with a meaningful opportunity for release.3 The legal and practical question remains-what amounts to a meaningful opportunity for release? J.D., Tulane University, 1990; B.A., Stanford University, 1987. Associate Professor of Law, Thurgood Marshall School of Law. I offer special thanks to my Research and Administrative Assistants: Courtney Smith, Jana Lewis, Jacqueline M. Sims, and Gertrude Florent. I also extend my love and gratitude to my husband, Michael, and my colleague and dear friend, Professor Ana Otero, for their unending support. Graham v. Florida, 130 S. Ct. 2011, 2032 (2010). 2 See id. 3 Id. at 2030.

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