About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

65 Hastings L.J. 1 (2013-2014)
Juvenile Pariahs

handle is hein.journals/hastlj65 and id is 15 raw text is: Articles Juvenile Pariahs AMY E. HALBROOK* Under federal and some state laws, juveniles who have been adjudicated delinquent for sex offenses can be required to register on sex offender registries for extended periods or life. In some jurisdictions, lifetime sex offender registration, community notification, and other sex offender restrictions are mandatory. This Article explores whether mandatory lifetime sex offender registration, community notification and other sex offender restrictions violate the Eighth Amendment's guarantee against cruel and unusual punishment as applied to juveniles. Citing Roper v. Simmons and Graham v. Florida, the United States Supreme Court recently held in Miller v. Alabama that assigning mandatory life-without-parole prison sentences to juveniles violates the Eighth Amendment because a judge must be allowed to consider mitigating circumstances-including a juvenile's lack of maturity, vulnerability to negative influences, and capacity for change- before imposing a lifetime penalty. With Miller, and before that Graham, the Court extended the definition of the most severe punishments to include permanent non-capital punishments applied to juveniles. This reasoning should be applied to mandatory lifetime sex offender registration and related restrictions as applied to juveniles because they are similarly punitive and permanent penalties. * Assistant Professor of Law, Director of the Northern Kentucky University Chase Children's Law Center Clinic, Salmon P. Chase College of Law, Northern Kentucky University; J.D. Northwestern University School of Law; B.A. University of California at Berkeley. The Author wishes to thank Bruce Boyer, Julie Biehl, Alison Flaum, Jennifer Kreder, Michael Mannheimer, and Jennifer Kinsley.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most