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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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