Monthly Archives: July 2015

Miller v. Alabama as a Watershed Procedural Rule: The Case for Retroactivity

By Beth Caldwell* Three years ago, in┬áMiller v. Alabama, the Supreme Court ruled that sentencing juveniles to life without parole (LWOP) under mandatory sentencing schemes amounts to cruel and unusual punishment in violation of the Eighth Amendment. Over the past few years, courts have reached conflicting conclusions regarding whether the rule the Supreme Court pronounced…

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