Monday, November 2

“Age Matters” cases: US Supreme Court altered the criminal justice landscape for youth.


While drafting a simple Anticipatory Bail Application of my client; a student allegedly involved in offences of cheating and forgery for extracting money from a businessman, I come across the US Supreme Court Roper v. Simmons, Graham v. Florida, J.D.B. v. North Carolina, and Miller v. Alabama—famously known as the “Age Matters” cases. In these case the US Supreme Court while relying on social science, neuroscience, and common sense to elucidate the differences between youth and maturrity, including levels of maturation, impulsivity, and susceptibility to peer pressure, the Supreme Court altered the criminal justice landscape for youth and held that the youth has to handled differently while punishing an accused. Very insightful judgment giving guidance how the youth involved in crime is required to be dealt differently than other aged criminals.
            I know it may look odd to refer these cases before a Sessions Judge and it won’t help, but still I am of the holder of firm faith that even if the God comes to me and tells me that your attempt is impossible to succeed, still nothing can stop me from trying. I know I am bound to lose but I believe in losing with flying colours.
        The jurisprudence applied by US Supreme Court can be equally applied outside of the criminal justice system to support efforts to reform school discipline laws, policies, and practices. Specifically,  the science and common sense relied upon in the “age matters” cases similarly support eliminating punitive school discipline approaches, such as zero tolerance policies and school policing, and instead employing developmentally appropriate approaches such as positive behavioral interventions, community building in schools, robust due process for disciplinary proceedings, and adequate counselors, social workers, and psychologists. Implementing these reforms will help prevent youths from becoming ensnared in the school-to-prison pipeline.


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