Cardozo Public Law, Policy and Ethics Journal
Abstract
The note argues that mandatory life without parole (LWOP) sentences for intellectually disabled individuals violate the Eighth Amendment's prohibition against cruel and unusual punishment. It contends that such sentences fail to account for the diminished culpability and rehabilitative potential of the intellectually disabled, rendering them disproportionate and unconstitutional. The analysis builds on precedents like Atkins v. Virginia, Graham v. Florida, and Miller v. Alabama, which established protections for groups with reduced moral responsibility. The note advocates for individualized sentencing to align with evolving standards of decency and constitutional safeguards.
Disciplines
Constitutional Law | Law | Legislation | Psychiatry and Psychology
Recommended Citation
Nick Bonham,
Mandatory Life Without Parole Sentences for the Intellectually Disabled: A Violation of the Eighth Amendment,
12
Cardozo Pub. L. Pol’y & Ethics J.
737
(2014).
Available at:
https://larc.cardozo.yu.edu/cplpej/vol12/iss3/6