Juvenile Life Without Parole in Pennsylvania: Age, Cognitive Immaturity, and Culpability

Abstract: 

“While there has been momentum at both the federal and state levels to curtail extreme punishments for justice-involved juveniles (The Campaign for the Fair Sentencing of Youth, 2023), 22 states continue to permit the sentence of juvenile life without parole (JLWOP). Pennsylvania is among them. This essay focuses on judicial rationale in five JLWOP re-sentencing cases in the state, and more specifically, how the appellant’s age and implied adult-level culpability were used by the judge to justify permanent incarceration. In the re-sentencing documents, judges neglected the ample research in the areas of neuroscience and developmental psychology that indicates reduced legal responsibility as a result of cognitive immaturity. In light of the compelling evidence that important bio-psycho-social differences exist between adolescents and adults, juveniles should not be punished with such an extreme sentence as LWOP that almost completely eliminates the possibility of release in the future.”