After Roper v. Simmons: Keeping Kids Out of Adult Criminal Court

33 Pages Posted: 14 Jun 2014

See all articles by Ellen Marrus

Ellen Marrus

University of Houston Law Center

Irene Merker Rosenberg

University of Houston, Law Center (Deceased)

Date Written: June 12, 2014

Abstract

When children kill, as they always have and probably always will, the state must juggle two distinct and oftentimes conflicting concerns: its police power and its parens patriae interest. These concerns are not, however, mutually exclusive. There is a delicate balance that must be maintained. Clearly, the state must incapacitate and punish children who commit serious criminal acts, but, as Simmons says, that does not mean that minors can be executed, nor, as the Authors maintain, be consigned to living death behind bars without any hope of respite. The legal system must somehow be adjusted for children.

Keywords: juvenile justice, Roper v. Simmons, certification, transfer, waiver, juveniles transferred to criminal court, transfer hearings

Suggested Citation

Marrus, Ellen and Rosenberg, Irene Merker, After Roper v. Simmons: Keeping Kids Out of Adult Criminal Court (June 12, 2014). 42 San Diego Law Review 1151 (2005), U of Houston Law Center No. 2014-A-44, Available at SSRN: https://ssrn.com/abstract=2449388

Ellen Marrus (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
4604 Calhoun Road
Houston, TX 77204-6060
United States

Irene Merker Rosenberg

University of Houston, Law Center (Deceased)

4604 Calhoun Road
4604 Calhoun Road
Houston, TX 77204-6060
United States

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