Distinguishing ‘Incorrigibility’ From ‘Transient Immaturity’: Risk Assessment in the Context of Sentencing/Resentencing Evaluations for Juvenile Homicide Offenders

ABSTRACTIn two recent cases, the United States Supreme Court abolished mandatory juvenile life without parole (LWOP; Miller v. Alabama, 2012) and held that the ban applies retroactively (Montgomery v. Louisiana, 2016). Pointedly, the Court suggested that juveniles...