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61 Emory L.J. 1445 (2011-2012)
Cruel and Unusual Punishment: Confining Juveniles with Adults after Graham and Miller

handle is hein.journals/emlj61 and id is 1477 raw text is: CRUEL AND UNUSUAL PUNISHMENT: CONFINING JUVENILES WITH ADULTS AFTER GRAHAM AND MILLER ABSTRACT Thousands ofjuveniles are currently confined with adults in detention and correctional facilities throughout the United States. Juveniles confined in adult facilities face grave dangers to their safety and well-being, including significantly higher rates of physical assault, sexual abuse, and suicide than their counterparts in juvenile facilities. These dangers and other conditions of juvenile confinement with adults give rise to concerns of constitutional dimension. In its Eighth Amendment jurisprudence, the United States Supreme Court has created categorical rules prohibiting the imposition of certain punishments on entire categories of offenders as cruel and unusual punishment. The Court's 2010 decision in Graham v. Florida, in which it held that a sentence of lfe in prison without the possibility of parole violates the Eighth Amendment when applied to juveniles convicted of nonhomicide offenses, and its 2012 decision in Miller v. Alabama, in which it held that mandatory hfe-without-parole sentencing schemes violate the Eighth Amendment when applied to juveniles, open the door to challenge the constitutionality of the confinement ofjuveniles with adults.

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