GRAHAM V. FLORIDA: JUSTICE KENNEDY'S VISION OF CHILDHOOD AND THE ROLE OF JUDGES.

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  • Additional Information
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    • Abstract:
      This short essay examines Graham v. Florida, the United States Supreme Court decision holding that the Eighth Amendment's Cruel and Unusual Punishments Clause does not permit a juvenile offender to be sentenced to life in prison without parole for a nonhomicide crime. This essay argues that Justice Anthony Kennedy's majority opinion is grounded not only in Roper v. Simmons, which invalidated the death penalty for juvenile offenders on Eighth Amendment grounds, and Kennedy v. Louisiana, which held that the Eighth Amendment prohibited the death penalty for the offense of rape of a child, but also in Establishment Clause cases set in the context of public schools and Fourteenth Amendment Due Process Clause cases upholding parental notification requirements for teenagers seeking abortions. Whereas many journalists and scholars consider Justice Kennedy a "legal pragmatist" who lacks an overarching philosophy to guide his decisionmaking, in each of these opinions his view of childhood and the proper role of judges is consistent: children and adolescents are unformed works in progress, in the midst of both character and brain development, who are particularly susceptible to direct as well as indirect forms of coercion. As a result, according to Justice Kennedy, when determining what liberty interests are protected by the United States Constitution, the role of judges and the courts is to ensure that youth mitigates rather than aggravates. Further, although juvenile justice advocates have heralded Graham as a clear victory, the opinion may raise as many questions as it seeks to answer. [ABSTRACT FROM AUTHOR]
    • Abstract:
      Copyright of Duke Journal of Constitutional Law & Public Policy is the property of Duke University, School of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
    • Author Affiliations:
      1Assistant Professor of Law, University of North Carolina, Chapel Hill School of Law
    • ISSN:
      1937-9439
    • Accession Number:
      61892925
  • Citations
    • ABNT:
      BIRCKHEAD, T. R. Graham V. Florida: Justice Kennedy’s Vision of Childhood and the Role of Judges. Duke Journal of Constitutional Law & Public Policy, [s. l.], v. 6, p. 66–80, 2010. Disponível em: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=a9h&AN=61892925&custid=s6224580. Acesso em: 5 abr. 2020.
    • AMA:
      Birckhead TR. Graham V. Florida: Justice Kennedy’s Vision of Childhood and the Role of Judges. Duke Journal of Constitutional Law & Public Policy. 2010;6:66-80. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=a9h&AN=61892925&custid=s6224580. Accessed April 5, 2020.
    • APA:
      Birckhead, T. R. (2010). Graham V. Florida: Justice Kennedy’s Vision of Childhood and the Role of Judges. Duke Journal of Constitutional Law & Public Policy, 6, 66–80.
    • Chicago/Turabian: Author-Date:
      Birckhead, Tamar R. 2010. “Graham V. Florida: Justice Kennedy’s Vision of Childhood and the Role of Judges.” Duke Journal of Constitutional Law & Public Policy 6 (January): 66–80. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=a9h&AN=61892925&custid=s6224580.
    • Harvard:
      Birckhead, T. R. (2010) ‘Graham V. Florida: Justice Kennedy’s Vision of Childhood and the Role of Judges’, Duke Journal of Constitutional Law & Public Policy, 6, pp. 66–80. Available at: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=a9h&AN=61892925&custid=s6224580 (Accessed: 5 April 2020).
    • Harvard: Australian:
      Birckhead, TR 2010, ‘Graham V. Florida: Justice Kennedy’s Vision of Childhood and the Role of Judges’, Duke Journal of Constitutional Law & Public Policy, vol. 6, pp. 66–80, viewed 5 April 2020, .
    • MLA:
      Birckhead, Tamar R. “Graham V. Florida: Justice Kennedy’s Vision of Childhood and the Role of Judges.” Duke Journal of Constitutional Law & Public Policy, vol. 6, Jan. 2010, pp. 66–80. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=a9h&AN=61892925&custid=s6224580.
    • Chicago/Turabian: Humanities:
      Birckhead, Tamar R. “Graham V. Florida: Justice Kennedy’s Vision of Childhood and the Role of Judges.” Duke Journal of Constitutional Law & Public Policy 6 (January 2, 2010): 66–80. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=a9h&AN=61892925&custid=s6224580.
    • Vancouver/ICMJE:
      Birckhead TR. Graham V. Florida: Justice Kennedy’s Vision of Childhood and the Role of Judges. Duke Journal of Constitutional Law & Public Policy [Internet]. 2010 Jan 2 [cited 2020 Apr 5];6:66–80. Available from: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=a9h&AN=61892925&custid=s6224580