“Disparities in Sentencing: Creating a “Benchcard” on Brain Development to Incorporate Neuroscience Research”

The title of this post is the title of this new article posted to SSRN authored by Stevie Leahy. Here is its abstract:

This article explores the disparities in juvenile sentencing across the United States, with a focus on the implications of the Supreme Court’s decision in Jones v. Mississippi (2021) and the importance of incorporating neuroscience research into legal decisions.  It highlights how different jurisdictions handle juvenile life without parole (JLWOP) sentences, leading to significant inconsistencies based on geography.  The article advocates for the development of a “benchcard” that would guide judges in making informed decisions by integrating the latest scientific understanding of brain development, particularly concerning individuals up to age 25.  By examining the evolution of legal protections for juveniles and the role of the prison industrial complex, the article argues for a more equitable legal approach that considers the developmental differences of young offenders.