By Michael Welner , Matt DeLisi , Heather M. Knous-Westfall , David Salsberg , Theresa Janusewski
Highlights
The United States Supreme Court in Jones (2021) reinforced the Miller decision to allow sentencing judges the discretion to determine whether convicted killers under age 18 warrant a life sentence.
The Miller decision dictates individualized sentencing, citing psychosocial disadvantages, immaturity, potential evolving risk, and how these qualities differ for each defendant.
The expressions of immaturity in crime are not; however, accounted for in the same way that expressions of major mental illness reference years of crime-specific research and diagnostic standardization. For this reason, forensic assessments in this emerging area remain unguided and vulnerable to bias.
A complete assessment of the offender should include questions in the following domains: developmental, scholastic/vocational, social, interpersonal, traumas, antisocial history, and psychiatric/medical.
We present questions to more fully and accurately inform the individualized sentencing requirement in Miller cases.
Forensic Science International: Mind and Law(4): 2023.